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HomeMy WebLinkAbout11/13/2014 Meeting 111 1111 .10,10 0 i00 1 Meeting Location: Municipal Center City of Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 NOVEMBER 13, 2014 CITY COUNCIL INFORMAL MEETING TENTATIVE DISCUSSION ITEMS 5:30 P.M. 1. Council Discussion Items. (10 min.) 2. Legislative Policy Discussion. (45 min.) 3. County Road 42 Intersection Improvements. (10 min.) 4. Cable Franchise Update. (10 min.) 5. Adjourn. CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Approval of Agenda. 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda. 4. Approval of Consent Agenda Items *: *A. Approve Minutes of October 23, 2014, Regular Meeting. *B. Approve State Gambling Exempt Permits for American Legion Auxiliary, Unit 1776, at Apple Valley American Legion, Post 1776, on: *I January 10, 2015. *2. March 14, 2015. *C. Approve Issuance of Various Licenses and Permits for Emperor Twyst, Inc., d/b/a CMB Shell, at 12503 Germane Avenue: *1. 2015 Fuel Dispensing Facility Permit. *2. 2015 Off-Sale 3.2 Malt Liquor License. *3. 2015 License to Sell Tobacco or Tobacco Products. *D. Adopt Resolution Setting Public Hearing at 7:00 p.m. on December 11, 2014, on Application by Li, Inc., d/b/a Super World Buffet for On-Sale 3.2 Percent Malt Liquor License at 15050 Cedar Avenue, Ste. 111. *E. Approve 2015 Rates for City Attorney Services. *F. Adopt Resolution Approving Reallocation of Special Assessment Roll No. 602 for Apple Valley East Family 2nd Addition. * Items marked with an asterisk(*)are considered routine and will be enacted with a single motion, without discussion,unless a councilmember or citizen requests the item separately considered in its normal sequence on the agenda. (continued on reverse side) 4. Approval of Consent Agenda Items * - Continued: *G. Receive Updated Emergency Operations Plan. *H. Adopt Resolution Approving Revised Cemetery Regulations. *I. Adopt Resolution of Support for Dakota County Draft 2015-2019 Capital Improvements Program. *J. Authorize Submittal of Minnesota Department of Health Source Water Protection Competitive Grant. *K. Approve Letter of Support for Regional Solicitation Grant Application for Funding of Minnesota Valley Transit Authority (MVTA) Parking Deck Expansion. *L. Adopt Resolution Approving 2014-2015 Joint Funding Application to Dakota County for Community Landfill Abatement Funds. *M. Authorize Submittal of Letter of Support for County Road 42 Trail to Minnesota Department of Transportation. *N. Authorize The Arbitrage Group to Perform Arbitrage Rebate Calculations. *O. Approve Wetland Delineation for: *1. North Creek Regional Bike Trail Project Near the Minnesota Zoo. *2. CSAH 42 Pedestrian Trail. *P. Tide Dry-Cleaners, 7540 149th Street W.: *1. Adopt Resolution Approving Site Plan/Building Permit Authorization to Allow Construction of Cantilevered Canopy and Asphalt Drive Lane. *2. Approve Rain Garden Construction and Maintenance Agreement. *Q. Adopt Resolution Approving Conditional Use Permit for Generator Exhaust Stack at Dakota County Western Service Center (14955 Galaxie Avenue). *R. Adopt Resolution Approving Settlement Agreement and Easement Documents for Lots 9 and 10, Block 1, Farquar Lake Addition. *S. Approve Cooperative Agreement for Construction of Sanitary Sewer Pipe and Meter Vault with Metropolitan Council for Replacement of Meter M644, in Conjunction with AV Project 2014-129, Lift Station 3 Replacement. *T. Approve Various Contracts: *1. RMR Services, LLC, for AV Project 2015-107, 2015 and 2016 Meter Reading Services. *2. Retail Information Technology Enterprises (RITE) for Liquor Store Point of Sale System Prc j ect. *U. Approve Professional Services Agreement with Midwest Electrical Technologies, Inc., for AV Project 2015-110, 2015-2017 Contract Electrical Inspections. *V. Approve Acceptance and Final Payment on Various Contracts: *1. Astech Corp. for AV Project 2014-131, Micro Surfacing - $6,077.13. *2. ProTect Painters of Minneapolis for Fire Station 1 Exterior Trim and Apparatus Bay Painting - $28,691.00. *W. Approve Memorandum of Agreement with LELS Local No. 243 Establishing 2015 City Contribution towards Insurances. *X. Approve Personnel Report. 5. Regular Agenda Items: A. Resolution Canvassing Results of November 4, 2014, General Election. 5. Regular Agenda Items - Continued: B. Cobblestone Lake North Shore: 1. Resolution Approving an Amendment to the Comprehensive Plan 2030 Land Use Map Re-designating Property from "MD" (Medium Density Residential/6-12 Units per Acre) to "LD" (Low Density Residential/2-6 Units per Acre). 2. Ordinance Rezoning Outlot C, Cobblestone Lake Commercial 3rd Addition, Planned Development No. 703/Zone 8 to Planned Development No. 703/Zone 2. 3. Resolution Approving Preliminary Plat for 24 Lots and 1 Outlot. 4. Authorize Issuance of Building Permits for Model Homes on Lot 7, Block 1, and Lots 13-15, Block 2. C. Ordinance Amending Chapter 155 of the City Code, Planned Development No. 290, Regulating Parking Lot Setbacks. (Recommend waiving second reading.) 6. Other Staff Items. 7. Council Items and Communications. 8. Calendar of Upcoming Events. 9. Claims and Bills. 10. Adjourn. NEXT REGULARLY SCHEDULED MEETINGS: Tuesday November 25 7:00 p.m. (Regular) Thursday December 11 5:30 p.m. (Informal) " 7:00 p.m. (Regular) Thursday December 23 7:00 p.m. (Regular) =Regular meetings are broadcast, live, on Charter Communications Cable Channel 180. (Agendas and meeting minutes are also available on the City's website at www.cityofapplevalley.org) 000 •600 0*000 0000 *to I Meeting Location: Municipal Center City of Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 UPDATE OF CITY COUNCIL REGULAR MEETING ACTIONS NOVEMBER 13, 2014 3. Audience - For Items NOT on this Agenda- Mr. Richard Carter, 15984 Hyland Pointe Ct., thanked the City for installing pickleball courts and commented on their regular use. 4. Approved All Consent Agenda Items *: *A. Approve Minutes of October 23, 2014, Regular Meeting. *B. Approve State Gambling Exempt Permits for American Legion Auxiliary, Unit 1776, at Apple Valley American Legion, Post 1776, on: *I January 10, 2015. *2. March 14, 2015. *C. Approve Issuance of Various Licenses and Permits for Emperor Twyst, Inc., d/b/a CBM Shell, at 12503 Germane Avenue: *1. 2015 Fuel'Dispensing Facility Permit. *2. 2015 Off-Sale 3.2 Malt Liquor License. *3. 2015 License to Sell Tobacco or Tobacco Products. *D. Adopt Resolution Setting Public Hearing at 7:00 p.m. on December 11, 2014, on Application by Li, Inc., d/b/a Super World Buffet for On-Sale 3.2 Percent Malt Liquor License at 15050 Cedar Avenue, Ste. 111. *E. Approve 2015 Rates for City Attorney Services. *F. Adopt Resolution Approving Reallocation of Special Assessment Roll No. 602 for Apple Valley East Family 2nd Addition. *G. Receive Updated Emergency Operations Plan. *H. Adopt Resolution Approving Revised Cemetery Regulations. *I. Adopt Resolution of Support for Dakota County Draft 2015-2019 Capital Improvements Program. *J. Authorize Submittal of Minnesota Department of Health Source Water Protection Competitive Grant. *K. Approve Letter of Support for Regional Solicitation Grant Application for Funding of Minnesota Valley Transit Authority (MVTA) Parking Deck Expansion. *L. Adopt Resolution Approving 2014-2015 Joint Funding Application to Dakota County for Community Landfill Abatement Funds. *M. Authorize Submittal of Letter of Support for County Road 42 Trail to Minnesota Department of Transportation. * Items marked with an asterisk(*)are considered routine and will be enacted with a single motion, without discussion,unless a councilmember or citizen requests the item separately considered in its normal sequence on the agenda. (continued on reverse side) 4. Approved All Consent Agenda Items * - Continued: *N. Authorize The Arbitrage Group to Perform Arbitrage Rebate Calculations. *O. Approve Wetland Delineation for: *1. North Creek Regional Bike Trail Project Near the Minnesota Zoo. *2. CSAH 42 Pedestrian Trail. *P. Tide Dry-Cleaners, 7540 149th Street W.: *1. Adopt Resolution Approving Site Plan/Building Permit Authorization to Allow Construction of Cantilevered Canopy and Asphalt Drive Lane. *2. Approve Rain Garden Construction and Maintenance Agreement. *Q. Adopt Resolution Approving Conditional Use Permit for Generator Exhaust Stack at Dakota County Western Service Center (14955 Galaxie Avenue). *R. Adopt Resolution Approving Settlement Agreement and Easement Documents for Lots 9 and 10, Block 1, Farquar Lake Addition. S. Approve Cooperative Agreement for Construction of Sanitary Sewer Pipe and Meter Vault with Metropolitan Council for Replacement of Meter M644, in Conjunction with AV Project 2014-129, Lift Station 3 Replacement. *T. Approve Various Contracts: *1. RMR Services, LLC, for AV Project 2015-107, 2015 and 2016 Meter Reading Services. *2. Retail Information Technology Enterprises (RITE) for Liquor Store Point of Sale System Prc j ect. *U. Approve Professional Services Agreement with Midwest Electrical Technologies, Inc., for AV Project 2015-110, 2015-2017 Contract Electrical Inspections. *V. Approve Acceptance and Final Payment on Various Contracts: *1. Astech Corp. for AV Project 2014-131, Micro Surfacing - $6,077.13. *2. ProTect Painters of Minneapolis for Fire Station 1 Exterior Trim and Apparatus Bay Painting - $28,691.00. *W. Approve Memorandum of Agreement with LELS Local No. 243 Establishing 2015 City Contribution towards Insurances. *X. Approve Personnel Report. 5. Regular Agenda Items: A. Adopted Resolution Canvassing Results of November 4, 2014, General Election. B. Cobblestone Lake North Shore: 1. Adopted Resolution Approving an Amendment to the Comprehensive Plan 2030 Land Use Map Re-designating Property from "MD" (Medium Density Residential/6-12 Units per Acre) to "LD" (Low Density Residential/2-6 Units per Acre). 2. Passed Ordinance Rezoning Outlot C, Cobblestone Lake Commercial 3rd Addition, Planned Development No. 703/Zone 8 to Planned Development No. 703/Zone 2. 3. Adopted Resolution Approving Preliminary Plat for 24 Lots and 1 Outlot. 4. Authorized Issuance of Building Permits for Model Homes on Lot 7, Block 1, and Lots 13-15, Block 2. C. Waived Second Reading and Passed Ordinance Amending Chapter 155 of the City Code, Planned Development No. 290, Regulating Parking Lot Setbacks. 6. Other Staff Items. 7. Council Items and Communications. 8. Approved Calendar of Upcoming Events. 9. Approved Claims and Bills. NEXT REGULARLY SCHEDULED MEETINGS: Tuesday November 25 7:00 p.m. (Regular) Thursday December 11 5:30 p.m. (Informal) " " 7:00 p.m. (Regular) Thursday December 23 7:00 p.m. (Regular) Regular meetings are broadcast, live, on Charter Communications Cable Channel 180. (Agendas and meeting minutes are also available on the City's website at www.cityofapplevalley.org) SNF-- Z City of Apple MEMO Administration TO: Mayor and City Council Members FROM: Tom Lawell, City Administra 4 DATE: November 10, 2014 SUBJECT: Discuss Legislative Policies for 2015 The Minnesota Legislature will convene again at noon on Tuesday, January 6, 2015. Typically, the City Council spends some time in November/December discussing various legislative policies of interest in preparation for the legislative session. Over the past few months various municipal groups have been working to develop their respective legislative priorities. Many of you served on various policy committees for the League of Minnesota Cities (LMC), Metro Cities, or the Municipal Legislative Commission (MLC). In preparation for the discussion, attached please find the 2015 legislative policies developed by the LMC (yellow paper), Metro Cities (blue paper) and MLC (green paper). I have also included a short summary of certain key legislative issues we may want to discuss. Council is being asked to review the attached policies and provide direction to staff as to your 2015 legislative priorities. We should also discuss the idea of extending an invitation to our local legislative delegation to attend an upcoming (December 11 or January 8) informal City Council meeting to further discuss legislative priorities. Interested Councilmembers are also encouraged to mark your calendars for the annual MLC Legislative Breakfast which will take place on January 23 from 7:30 to 9:00 a.m. at the Eagan Community Center. Should you have any questions, please let me know. City of Apple Valley 2015 Key State Legislative Issues for Discussion Budget Levy Limits Oppose state limitations on local property tax levies. Support allowing local elected officials to make the best decisions to meet the needs of our local residents. Fiscal Disparities Support the Fiscal Disparities Program. Oppose any diversion from the fiscal disparities pool to fund specific programs or projects. Support increased transparency for the Fiscal Disparities Program. Transportation Support stable and sufficient transportation funding for state and local roads. Support a balanced transportation package for roads, bridges and transit. Support expansion of the Apple Valley Transit Station and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Sunday Liquor Sales Oppose legislation that would permit off-sale liquor sales on Sundays. Sales Tax Exemption Clarification Support clarification on materials sales tax exemption for construction projects. Support motor vehicle sales tax exemption for snow plows and road construction vehicles. Job Creation Support funding the Minnesota Investment Fund (MIF) administered by the MN Department of Energy and Economic Development (DEED) Development Tools Support flexibility in Tax Increment Financing (TIF) policies. Oppose County efforts to gain veto power over TIF funds in newly created districts. Water Supply Support clarifying roles of local, regional and state governments with respect to water planning and allocation. Oppose any drinking water requirement to convert to river water. Support greater wastewater re-use for non-potable water needs. 0 Vol LI GU'OF CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES DRAFT 2015 CITY PO ICI S Available online: www.ime.org/dElftpolicies Please note: • Initials following each policy are those of the policy author. • Underlining indicates new language. • Strikeouts indicate deleted language. Send comments to policycomments(a,l c.org or contact an IGR representative Gary Carlson (GC) 651-281-1255 gcarlson a,lmc.org Heather Corcoran (HC) 651-281-1256 hcorcoran(cblmc.org Anne Finn (AF) 651-281-1263 afinn(almc.org Patrick Hynes (PH) 651-281-1260 PhynesLzlmc.org Craig Johnson (CJ) 651-281-1259 cjohnson(almc.org Laura Kushner(LK) 651-281-1203 lkushner(almc.org Ann Lindstrom (AL) 651-281-1261 alindstromLa,lmc.org Laura Ziegler(LZ) 651-281-1267 lziegler(a)lme.org Comment period ends Friday, October 24, 2014 League of Minnesota Cities 2015 City Policies Page i Table of Contents IMPROVING SERVICE DELIVERY..................................................7 SD- 1. Unfunded Mandates (GC/PH)..........................................................................................7 SD- 2. Local Approval of Special Laws (GC).............................................................................7 SD- 3. Redesigning and Reinventing Government (AL).............................................................8 SD- 4. State Government Shutdowns (AF/CJ/GC) ...................................................................10 SD- 5. City Costs for Enforcing State and Local Laws (AF) ....................................................11 SD- 6. Duration of Conservation Easements (CJ/PH)...............................................................11 SD- 7. Responsibility for Locating Private Underground Facilities (LZ/CJ)............................13 SD- 8. Utility Relocation Under Design-Build Road Construction (AF)..................................14 SD- 9. National Fire Protection Association (NFPA) Standards (AF)......................................14 SD- 10. Fire Mutual Aid (AF) ...................................................................................................15 SD- 11. Clarification of Joint Powers Relationships with Federally Recognized Indian Tribes (AF) ............................................................................................................................16 SD- 12. Ambulance Service Costs and Liability(AF) ..............................................................17 SD- 13. Fees for Service (AF) ...................................................................................................19 SD- 14. Pr-evi hf�gImprovin and Increasinu Citizen Access to Information to rfis(AL).19 SD- 15. Administrative Fines for Code Violations (AF)...........................................................21 SD- 16. Contracting and Purchasing (CJ/AF) ...........................................................................22 SD- 17. City Enterprise Operations (AF/AL)............................................................................23 SD- 18. Constitutional Amendments (AL)................................................................................24 SD- 19. Initiative and Referendum (AL)...................................................................................24 SD- 20. Civil Liability of Local Governments (PH) .................................................................25 SD- 21. Private Property Rights and Takings (CJ/PH)..............................................................26 SD- 22. Organized Solid Waste Collection (CJ) .......................................................................27 SD- 23. Private Well Drilling (CJ) ............................................................................................29 SD- 24. Airport Safety Zones (AF) ...........................................................................................30 SD- 25. Sustainable Development (CJ/HC) ..............................................................................30 SD- 26. Construction Codes (AF/HC/PH).................................................................................32 SD 27 r a Authority to I eet P41ie Buildings (Du) ......................................................35 SD- 28. Residential Sprinkler Requirements (PH/HC) .............................................................36 SD 29 Re ,W; Problem Rental n, ei4ie (14G ...............................................................37 SD- 30. Disability Access Requirements (AF/HC)...................................................................38 SD- 31. Restrictions on Possession of Firearms (AF/CJ)..........................................................39 SD- 32. Public Safety Communications (AF/LZ) .....................................................................39 SD- 33. CriMNet (AF/LZ).........................................................................................................40 SD- 34. Pawn Shop Regulation and Use of the Automated Property System (APS) (AF).....42 SD- 35. Compensation and Reimbursement for Public Safety Services (AF) ..........................43 SD- 36. Administrative Traffic Citations (AF)..........................................................................44 SD- 37. Juveniles in Municipal Jails (AF).................................................................................46 SD- 38. Justice System Funding (AF) .......................................................................................46 SD- 39. Homeland Security Costs and Liability(AF)...............................................................47 SD- 40. Immigration Reform (AF)............................................................................................48 SD- 41. Racial Profiling (AF)....................................................................................................49 League of Minnesota Cities 2015 City Policies Page ii SD- 42. Legalization of Fireworks (AF)....................................................................................49 SD- 43. Traffic Enforcement Cameras (AF) .............................................................................51 SD- 44. Operation of Motorized Foot Scooters (AF)................................................................51 SD- 45. Electric Personal Assistive Mobility Devices and Electric Vehicles Operation While Impaired (AF).............................................................................................................52 SD- 46. Methamphetamine (AF) ...............................................................................................53 SD- 47. Drug Paraphernalia(AF)..............................................................................................53 SD- 48. Regulation of Massage Therapists (AL) ......................................................................54 SD- 49. Lawful Gambling and Local Control (AL) ..................................................................55 SD 50. Liquor Liability Insurance Limits (AF/AL).................................................................56 SD- 51. On-Sale Liquor or Wine Licenses to Cultural Centers (AL)........................................56 SD- 52. Wine and Off-Sale Licenses (AL)................................................................................57 SD- 53. Conditions for Liquor Licenses (AL)...........................................................................57 SD- 54. Youth Access to Alcohol and Tobacco (AL)...............................................................58 SD- 55. Smoking Ban Ordinances (AL)....................................................................................59 SD- 56. Regulation of Food Trucks (AL/PH)............................................................................59 SD- 57. Environmental Protection (CJ).....................................................................................60 SD- 58. Impaired Waters (CJ) ...................................................................................................63 SD- 59. Urban Forest Management Funding (CJ).....................................................................64 SD- 60. Election Issues (AL).....................................................................................................65 SD- 61. Early Voting (AL) ........................................................................................................66 SD- 62. Absentee Voting (AL)..................................................................................................67 SD- 63. Felon Voting Rights Restoration (AL).........................................................................67 SD- 64. Write-in Candidates in City Elections (AL).................................................................68 SD- 65Stat-d4ei=y and r1,.,Aer-City Te ,.f City Eleeted O ffi als rAT_1 ..............................68 SD- 66. Local Control in Purchasing and Using Electronic Rosters (AL)................................69 SD ............................................................................................69 SD- 68. Park and Library Land Tax Break (HC).......................................................................71 SD- 69. Charter Law Expense Limit Increase (GC/PH)............................................................71 SD-NEW A. Municipal Public Water Supplies (CJ)................................................................72 SD-NEW B. Traffic Ticket Diversion (AF) .............................................................................74 SD NEW C. Distracted Driving (AF).......................................................................................75 SD-NEW D. Drug Courts (AF) ................................................................................................76 SD-NEW E. Community EMTs (AF).......................................................................................77 SD-NEW F. Precinct Boundaries (AL) ....................................................................................79 SD-NEW G. Local Control in Determining Filing Fees for Statutory Cities (AL)..................80 SD-NEW H. Posting Campaign Finance Reports Online(AL)................................................81 IMPROVING LOCAL ECONOMIES ...............................................82 LE- 1. Growth Management and Annexation (CJ/PH)..............................................................82 LE- 2. Wildlife Management Areas (CJ)...................................................................................83 LE- 3. Official State Mapping Responsibility(CJ/AL/LZ).......................................................84 LE- 4. Electric Service Extension (LZ) .....................................................................................85 LE- 5. Statutory Approval Timelines (CJ/PH) ..........................................................................85 LE- 6. Public Infrastructure Utilities (AF/LZ)...........................................................................87 LE- 7. Development Disputes (CJ/PH)......................................................................................88 League of Minnesota Cities 2015 City Policies Page iii LE- 8. Foreclosure and Neighborhood Recovery(HC).............................................................88 LE- 9. New Resources for Affordable Housing (HC)...............................................................91 LE- 10. Energy Efficiency Improvement Requirements for Housing (CJ/HC) ........................92 LE- 11. Residential Care Facilities and In-Home Day Care (HC/PH)......................................93 LE- 12. Post-Incarceration Living Facilities (AF/HC)..............................................................95 LE- 13. Inclusionary Housing (HC) ..........................................................................................95 LE- 14. Community Land Trusts (HC/PH) ...............................................................................96 LE- 15. Telecommunications and Information Technology(LZ).............................................97 LE- 16. mite Broadband Pokey (LZ)........................................................................................97 LE- 17. Competitive Cable Franchising Authority (LZ)...........................................................99 LE- 18. Right-of-Way Management (LZ) ...............................................................................100 LE- 19. Wireless Tower and Antenna Siting (LZ) ..................................................................102 LE- 20. Economic Development Authorities (PH/LZ)............................................................102 LE- 21. Local Appropriations to Economic Development Organizations (PH/LZ)...............103 LE- 22. Workforce Readiness (PH/LZ)...................................................................................103 LE- 23. Community Reinvestment Partnerships and Financing (PH/LZ)...............................105 LE- 24. Tax Increment Financing (TIF) (PH/HC)...................................................................106 LE 2-5. 'T'T-� stfict-Defieits (PH/HG)....................................................................................107 LE- 26. Development Along Transit Corridors (PH/AF)........................................................107 LE- 27. Business Development Programs (PH/LZ) ................................................................109 LE- 28. Land Recycling and Redevelopment (CJ/PH/HC).....................................................109 LE- 29. Property Tax Abatement Authority(PH/HC).............................................................111 LE- 30. Workforce Housing (PH/HC).....................................................................................112 LE- 31. Revisions to the OSA Audit Function (PH/GC)........................................................113 LE- 32. OSA Time Limitations (PH).......................................................................................114 LE- 33. Adequate Funding for Transportation (AF/LZ)..........................................................114 LE- 34. Truck Weight Restrictions on Interstate Highways and Freeways (AF/LZ)..............116 LE- 35. Turnbacks of County and State Roads (AF/LZ).........................................................117 LE- 36. MnDOT Rights-of-Way Maintenance (AF/LZ).........................................................117 LE- 37. Road and Transit Funding for Cities Under 5,000 (AF/LZ).......................................118 LE- 38. Complete Streets (AF/LZ)..........................................................................................119 LE- 39. Railroads (AF/LZ)......................................................................................................119 LE- 40. Airport Planning and Funding (AF/LZ) .....................................................................121 HUMAN RESOURCES & DATA PRACTICES.............................123 HR- 1. Personnel Mandates and Limits on Local Control (AL/LK) .......................................123 HR- 2. Firefighter and Ambulance Payroll (LK/AF) ..............................................................124 HR- 3. Pay Equity Compliance (LK/AL)................................................................................124 HR- 4. Public Employment Labor Relations Act (PELRA) (LK/AF).....................................125 HR- 5. Payment of Arbitration Fees (LK/AL).........................................................................126 HR- 6. Essential Employees (LK/AF).....................................................................................127 HR- 7. Re-employment Benefits (LK/AL)..............................................................................127 HR- 8. Pension Benefits (LK/GC)...........................................................................................128 HR- 9. Employer Contributions to Public Employee Pension Plans (AF/PH)........................128 HR 10. Implemefftation of Atttmafie Gont+�ttteff hier-eases (GGIP444 ..............................131 HR- 11. Public Employees Retirement Association (PERA) Administration (AF/PH)..........131 League of Minnesota Cities 2015 City Policies Page iv HR- 12. Volunteer Firefighter Pension Benefits (AF/GC)......................................................133 HR- 13. Retirement Work Incentives (LK/AF).......................................................................133 .....................................................................134 HR- 15. State Paid Police and Fire Medical Insurance (AF)...................................................135 HR- 16. Health Care Insurance Programs (LK/AL)................................................................137 HR- 17. Workers' Compensation(GC/LK).............................................................................138 HR- 18. Breathalyzers (LK/AF/AL)........................................................................................141 HR- 19. Veterans Preference (LK/AL)....................................................................................141 HR- 20. Drug and Alcohol Rehabilitation (LK/AL)................................................................142 HR- 21. Background Checks (AF/LK/PH)..............................................................................142 HR- 22. Tele-health Exams (LK) ............................................................................................143 HR-NEW A. Critical Incident Stress Debriefing (PH/AF).....................................................144 DataPractices ......................................................................................145 DP- 1. Data Practices Compliance Costs (PH)........................................................................145 DP- 2. Maintaining Government Data in Large Databases (PH) ............................................146 DP- 3. Sharing of Student Data with Local Law Enforcement in Emergencies (PH).............147 DP- 4. Disclosure of Victim Data(PH)..................................................................................148 DP- 5. Open Meeting Law (PH)..............................................................................................149 DP- 6. Exceptions to the Open Meeting Law (PH) .................................................................150 DP- 7. Challenges to the Accuracy of Data(PH) ...................................................................151 DP- Interim A. License Plate Reader Technology(PH)..........................................................152 FederalEmployment Law ..................................................................153 FED- 1. Consolidated Omnibus Budget Reconciliation Act (COBRA) (LK).........................153 FED- 2. Medicare/Medicaid Premium Disbursements (LK)...................................................154 FED- 3. Flexible Spending Accounts (LK/DM)......................................................................154 FED 4. D e l e D epl, v ent Pfegfafn !D TD Dl /T TI l .154 FED- 5. IRS Regulations on Death Benefits (LK) ..................................................................155 FED- 6. Federal Public Safety Collective Bargaining Bill (LK).............................................155 FED- 7. Federal Health Care Reform (LK/JH)........................................................................156 IMPROVING FISCAL FUTURES ...................................................157 FF- 1. State-Local Fiscal Relations (GC) ................................................................................157 FF- 2. Economic Contributions by Cities (GC).......................................................................158 FF- 3. State Budget Stability(GC) ..........................................................................................159 FF- 4. Funding Local Government Aid (GC)..........................................................................160 FF- 5. State Charges for Administrative Services (GC)..........................................................161 FF- 6. Reporting Requirements (GC) ......................................................................................161 FF- 7. Direct Property Tax Relief Programs (GC) ..................................................................162 FF- 8. Sales Tax on Local Government Purchases (GC/PH) ..................................................163 FF- 9. Taxation of Electronic Commerce (GC).......................................................................165 FF- 10. Online Travel Companies and Local Hotel Occupancy Taxes (GC)..........................165 FF- 11. Taxation of Electric Generation Personal Property (GC)...........................................166 FF- 12. Taxation of Municipal Bond Interest (GC/HC)..........................................................167 League of Minnesota Cities 2015 City Policies Page v FF- 13. Pollution Control Exemption (GC).............................................................................167 FF- 14. State Support for Municipal Energy Policy Goals (CJ)..............................................168 FF- 15. State Restrictions on Local Budgets (GC)..................................................................169 FF- 16. Tax Hearing and Notification Process (GC)...............................................................169 FF- 17. City Fund Balances (GC)............................................................................................171 FF- 18. Local Option Sales Tax and City Revenue Diversification (GC)...............................171 FF- 19. City Franchise Authority(LZ/CJ)...............................................................................173 FF- 20. Utility Valuation Transition Aid (GC)........................................................................174 FF- 21. Payments for Services to Tax-Exempt Property(GC)................................................175 FF- 22. Fire Service Taxing Districts (AF)..............................................................................175 FF- 23. Housing Improvement Areas/Special Service Districts (HC).....................................176 FF- 24. Tax-Forfeited Properties and Local Special Assessments (GC).................................177 FF- 25. Distribution of Proceeds from the Sale of Tax-Forfeit Property (GC/PH).................177 FF- 26. State Hazard Mitigation and Response Support (CJ)..................................................179 FF- 27. Impact Fees (GC)........................................................................................................180 FF- 28. Equityin Library Funding (HC) .................................................................................181 FF- 29. Equitable Funding of Community Education Services (GC/HC)...............................183 FF-NEW-A. Street Reconstruction Bond Approval (GC/PH)................................................185 League of Minnesota Cities 2015 City Policies Page vi 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 DRAFT: IMPROVING SERVICE DELIVERY 2 SD-1. Unfunded Mandates (GC/PH) 3 Issue: Federal and state mandated programs substitute the judgment of Congress, the president, 4 the Minnesota Legislature, and the governor for local budget priorities. These mandates force 5 cities to reduce funding for other basic services or to increase taxes and service charges. 6 Response: 7 a) Existing unfunded mandates should be reviewed and modified, or repealed where 8 possible. 9 b)No additional statewide mandates should be enacted unless full funding for the mandate 10 is provided by the level of government imposing it or a permanent stable revenue 11 source is established. 12 c) Cities should not be forced to comply with unfunded mandates. 13 d) Cities should be given the greatest flexibility possible in implementing mandates to 14 ensure their cost is minimized. 15 e) The legislative government redesign groups created in 2010 should consider the various 16 unfunded mandates as they look at local government reform and redesign and make 17 recommendations for the next session. 18 SD-2. Local Approval of Special Laws (GC) 19 Issue: The Minnesota Constitution prohibits special legislation except for certain special laws 20 relating to local government. It provides that a special law must name the affected local unit of 21 government and is effective only after approval by the local government unit,unless general 22 state law provides otherwise. Under state statute, a special law is not effective unless approved 23 by the affected local unit of government, except under limited circumstances. 24 In recent years, the Legislature has occasionally enacted general laws that affect a single local 25 unit of government. By enacting a general law with limited application, local approval is not 26 required. League of Minnesota Cities 2015 City Policies Page 7 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: The League of Minnesota Cities supports the constitutional requirement that a 2 special law must be approved by the affected local unit of government before it can take 3 effect. If a law is intended to affect or benefit a single local unit of government,the 4 Legislature must follow the requirements for enacting a special law set forth in the 5 Minnesota Constitution and in state statute. The League specifically opposes the 6 Legislature's technique of bypassing the constitution by not naming the local government, 7 but describing the local government in such narrow terms that it can only apply to one 8 entity. 9 SD-3. Redesigning and Reinventing Government (AL) 10 Issue: Every level of government is redesigning,reinventing, and reevaluating its organizational 11 structure and programs in response to financial realities and citizens' needs and problems. 12 Reforms,however, must be more than change for the sake of change to existing programs. It is 13 imperative that government officials talk with citizens about how services are currently provided 14 and how they can be best provided in the future. 15 , the I=eag+te of Minnesota Cities engaged over-730 rViti-iseifts; i-;-;- 16 " 17 "pr-ojeet. The goal of these eansey-vations was to talk v.44-b--As ffl_fflnl�,Miiinesetaas as 18 , 19 how these S . aid for-. Community Conver-sations utilized funding and logistieal 20 ; this model ean b 21 22 Paftieipa-ats e-Alled feff-ifter-eased volunteer-ism a-ad-were open to the idea of eities seeking nev., 23 , 24 their- esrsa things in new s" 25 To be meaningful, redesign of governmental entities and services should: 26 a) save money where feasible, 27 b) deliver improved services, League of Minnesota Cities 2015 City Policies Page 8 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 c) serve essential needs, and 2 d) be equitably structured. 3 Cities have and will continue to re-evaluate city programs and services, pursue the use of 4 cooperative agreements, and consider organizational changes that provide greater government 5 efficiency and result in better service to citizens. Citizen input and participation should be 6 gathered and taken into account as decisions about service delivery are being made and 7 implemented. 8 All levels of government are encouraged to: 9 a) Ensure that in redesigning, reinventing or reassigning government services and programs, the 10 appropriate level of service to citizens is evaluated and citizen demands and expectations are 11 adequately addressed. 12 b) Engage as many citizens as possible, from diverse backgrounds and interests, to determine 13 what services matter most to citizens and how the delivery of those services can be changed to 14 increase efficiency and lower cost. 15 c) Educate citizens about what services government delivers, how they are delivered, and how 16 those services are funded. 17 d) Engage in traditional and nontraditional partnerships to make service changes and do things in 18 new ways. 19 e) Identify and repeal programs or discontinue services that are no longer necessary, and evaluate 20 which services can readily and fairly be provided by the private sector. 21 Response: Federal, state, and county governments should: 22 a) Promote and support local redesign efforts through incentives rather than mandates. 23 b) Communicate and establish a process of negotiation before shifting responsibility for 24 delivering services from one level of government to another, or seeking to reduce 25 service duplication. 26 c) Utilize government entities with proven track records in redesign efforts. League of Minnesota Cities 2015 City Policies Page 9 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-4. State Government Shutdowns (AF/CJ/GC) 2 Issue: Twice in less than one decade, the state Legislature and governor failed to reach a global 3 agreement on the state budget by the end of the fiscal biennium (June 30 of odd-numbered 4 years). As a result of these impasses, portions of state government were shut down. The 5 shutdowns, particularly the shutdown in 2011, created a range of challenges for cities, as well as 6 for the state's courts, residents, businesses, licensed professionals, state employees and others. 7 For cities, the most pronounced challenges related to the shutdowns were as follows: 8 a) Uncertainty about the timing and amount of aid and credit reimbursement payments and 9 the distribution of local sales tax revenues. 10 b) Inability of licensed city professionals such as peace officers and water treatment facility 11 operators to renew licenses. 12 c) Loss of access to critical information such as the Bureau of Criminal Apprehension 13 database and state-mandated reports. 14 d) The shutdown of transportation projects on the trunk highway and state aid system. 15 e) Interruption of local economic development due to the state having sole authority to 16 inspect, review and approve various plans and types of projects. 17 Response: The League of Minnesota Cities urges the Legislature and governor to establish 18 a procedure in state law to continue certain state government operations into a new 19 biennium in the event that the governor and legislators cannot reach a budget agreement. 20 Specifically,the Legislature and governor should modify state law to assure that the staff 21 necessary to distribute state funds that are already encumbered or statutorily appropriated 22 to local governments are distributed as statutorily scheduled, or in the absence of a 23 statutory payment schedule, are released in a predictable and timely manner in the event of 24 future shutdowns. 25 The Legislature should also pass legislation that allows existing licenses of public employees 26 to be continued during any future state government shutdown and should identify 27 additional areas, such as electrical and plumbing inspection and plumbing plan review, 28 where local governments could reasonably step in to handle the inspections, review, and League of Minnesota Cities 2015 City Policies Page 10 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 approval necessary for local projects to move forward, and allows work on approved 2 projects to continue in state rights-of-way. 3 SD-S. City Costs for Enforcing State and Local Laws (AF) 4 Issue: Cities experience substantial costs enforcing state and local laws,particularly those 5 related to traffic, controlled substances, and incarceration of prisoners. The current method in our 6 criminal justice system of recovering costs for law enforcement and prosecution through fines is 7 insufficient to meet the costs incurred by local governments. Further, when a violator requests 8 relief from paying the full amount of the fine and surcharge, the courts have been more inclined 9 to waive the fine than to reduce the surcharge. When this occurs, the local units of government 10 recover no costs even though the city has incurred expenses. 11 Response: The Legislature should review this issue and adopt measures that provide for 12 complete reimbursement of the costs incurred by local governments in enforcing state and 13 local laws. For example,the Legislature should closely monitor whether local units of 14 government incur additional enforcement and/or prosecution costs as a result of the 15 recently reduced driving while intoxicated (DWI) threshold. The state should provide the 16 necessary funding to compensate local units of government for related cost increases. 17 Solutions that should be considered include: 18 a) Increasing fine amounts. 19 b) Removing or modifying county and state surcharges that conflict with cost recovery 20 principles. 21 c) Requiring the courts to consider ordering restitution from the defendant to 22 reimburse the costs of enforcement and prosecution as part of any sentence. 23 d) Requiring that if a court reduces the amount paid by a violator, any reduction 24 should be made from the surcharge and not the fine. 25 SD-6. Duration of Conservation Easements (CJ/PH) 26 Issue: The Minnesota Marketable Title Act provides that any deed over 40 years old can be 27 disregarded unless the holder of the interest re-records it. There is an exception for a person in League of Minnesota Cities 2015 City Policies Page 11 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 possession of the property. A 2010 Minnesota Supreme Court decision said that the person in 2 possession has to show that the possession has been visible enough to put a prudent person on 3 notice of the interest, and that the possession has to be continuous. See, Sampair v. Village of 4 Birchwood, 784 N.W. 2d 65 (Minn. 2010). 5 This creates issues for cities that have conservation easements. It is difficult, if not impossible, to 6 show actual use of the easement because conservation easements are passive easements, not 7 active ones. As a result, cities will have to re-record the easements every 40 years in order to 8 maintain them. This will result in a significant administrative burden and increase costs for local 9 units of government due to staff time, legal fees, and recording fees. 10 Additionally, Minn. Stat. § 500.20, entitled"Defeasible Estates,"provides in subd. 2a that 11 private covenants, conditions, or restrictions that affect the title or use of real estate cease to be 12 valid 30 years after the date of the instrument creating them and they may be disregarded. This 13 provision was initially enacted in 1988. 14 Minn. Stat. ch. 84C regarding conservation easements was enacted in 1985, and Minn. Stat. § 15 84.64 and § 84.65 regarding conservation restrictions were originally enacted in 1974. Because 16 conservation easements and conservation restrictions are not listed among the restrictions that are 17 not subject to Minn. Stat. § 500.20, subd. 2a, it is possible to conclude,by negative implication, 18 that subd. 2a does apply to the conservation easements and conservation restrictions created by 19 earlier enacted statues. This conclusion is inconsistent with the language in Minn. Stat. § 20 84C.02(b)that"a conservation easement is unlimited in duration unless the instrument creating it 21 otherwise provides." 22 Response: The League of Minnesota Cities supports legislation that excepts holders of 23 conservation easements from re-recording the easements under the Minnesota Marketable 24 Title Act and that clarifies that Minn. Stat. § 500.20, subd. 2a, does not apply to 25 conservation easements and restrictions. League of Minnesota Cities 2015 City Policies Page 12 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-7. Responsibility for Locating Private Underground Facilities (LZ/CJ) 2 Issue: Cities are responsible for complying with state pipeline safety regulations that hold cities 3 responsible for locating and marking private service laterals that connect in public rights-of-way 4 to city sanitary and storm sewer, water, and district heating systems. The Minnesota Office of 5 Pipeline Safety(MNOPS) is proposing amendments to state pipeline and safety rules related to 6 the definition of excavation and changes to mandatory damage reporting. 7 Cities are concerned that damage to private service laterals within the public right-of-way 8 continues due, in part, to construction methods during the replacement,repair and/or installation 9 of underground utilities which cross city water and sewer services that are in the public rights-of- 10 way. Trenchless excavation could potentially cause damage to underground service laterals and 11 negatively impact the quality of utility services. 12 Response: The League supports the changes to the definition of excavation presented by 13 MNOPS at the 2012 Review of ch. 216D. Cities support the elimination of windbreaks, 14 shelterbelts, and tree plantations from the definition of excavation, unless any of these 15 activities disturbs the soil to a depth of 18 inches or more. 16 The League supports exempting normal maintenance of roads and streets from the 17 definition of excavation if the maintenance does not change the original grade and does not 18 involve the road ditch by defining "original grade" as the grade at the date of issue of the 19 first notice by the excavator. 20 The League supports increasing MNOPS fines for violators of state pipeline safety 21 requirements, bringing state penalties in line with federal penalties. 22 The League opposes mandatory damage reporting and recommends a simple standardized 23 form to encourage cities to voluntarily report damages. The League opposes.requirements 24 that would force cities to mark underground facilities of all sizes and materials. 25 The League recognizes that trenchless excavation presents concerns to cities. Private 26 property owners in the excavation area must receive advance notice of any trenchless or League of Minnesota Cities 2015 City Policies Page 13 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 other excavation activities,that could affect the quality of utility services. Notice must 2 include at least one phone number for assistance in case of any service problems. 3 Contractors must comply with city permits requiring that the drill head be visible when 4 crossing any paint marks and moving through the pothole at the depth that the city allows 5 for the installation. 6 Cities must not be required to locate privately-owned water and sewer laterals and must 7 not be held responsible for actions by excavators when the city determines not to locate 8 such facilities. Excavators should be responsible for locating and protecting any private 9 service lateral that is impacted by excavation activities conducted on private property 10 beyond the public right-of-way. 11 SD-8. Utility Relocation Under Design-Build Road Construction (AF) 12 Issue: The Minnesota Department of Transportation (MnDOT) has promoted legislation relating 13 to the design-build construction process that would require private and public utilities to be 14 responsible for utility relocation necessitated by road construction. The policy, if enacted, would 15 create unanticipated costs for utilities owned and operated by cities. Municipally-owned utilities 16 would be unreasonably held to the same standards as privately-owned utilities that exist in the 17 public right-of-way. 18 Response: The League of Minnesota Cities supports use of the design-build procedure, 19 however, municipal utilities that exist in the public right-of-way should not be penalized 20 under this process. Municipal utilities legitimately exist in the public right-of-way.When a 21 MnDOT construction project requires the relocation of utilities, the cost of relocating 22 municipal utilities should be shared equitably between MnDOT and affected municipal 23 utilities. 24 SD-9. National Fire Protection Association (NFPA) Standards (AF) 25 Issue: The National Fire Protection Association (NFPA) is an international association of 26 individuals and trade and professional organizations that deals with fire and life safety. The 27 NFPA has advocated legislation that would mandate two standards: NFPA 1710, Organization League of Minnesota Cities 2015 City Policies Page 14 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special 2 Operations to the Public by Career Fire Departments, and NFPA 1720, Organization and 3 Deployment of Fire Suppression, Emergency Medical Operations, and Special Operations to the 4 Public by Volunteer Fire Departments. NFPA standards 1710 and 1720 define minimum 5 response times, minimum fire company staffing levels, initial full alarm response levels, and 6 extra alarm response levels. Although NFPA codes and standards are voluntary, they are often 7 adopted by local jurisdictions. NFPA standafds 17 10 and 1720 pr-e effip�leea4 authority and 8 . laeo ., o size fits 11 mandate eii ii eities. 9 Response: Levels of service delivery for fire and emergency medical services (EMS) have 10 always been determined by local jurisdictions. The NFPA has gone out-sid-e-its -auther-ity in 11 . If mandated, 12 the NFPA standards would force local governments to shift dollars from fire prevention 13 programs to fire suppression activities, potentially increasing the risk of fire and the 14 danger to local firefighters. 15 The League of Minnesota Cities opposes any attempt to mandate standards for minimum 16 staffing levels of fire, specialized or EMS vehicles controlled by units of local government. 17 The League also opposes any attempt to adopt a standard dictating or affecting the 18 response time of any fire, specialized or EMS vehicle. 19 SD-10. Fire Mutual Aid (AF) 20 Issue: City and township fire departments regularly assist each other with firefighting and other 21 response activities. This mutual aid is mostly authorized by individual written contracts with 22 each city or township, which results in a patchwork of different agreements with different 23 provisions. Often, each city attorney recommends different provisions. 24 Following the Red River floods and the St. Peter tornados, emergency responders (including fire 25 departments)met and helped pass a statute to govern mutual aid situations when there is an 26 emergency declared by mayor or governor and no written agreements exist. The statute, Minn. 27 Stat. § 12.331, provides a framework for how worker's compensation, liability, property claims, 28 insurance, and charges between the departments will be handled in mutual aid situations. League of Minnesota Cities 2015 City Policies Page 15 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 The League of Minnesota Cities Insurance Trust (LMCIT) developed a model mutual aid 2 agreement that contains the same basic structure for liability as the statute. Many cities have 3 entered into area-wide mutual aid agreements that are similar to the LMCIT model agreement. 4 To provide uniformity, there should be a statute that is similar to Minn. Stat. § 12.331, to govern 5 daily fire mutual aid situations that do not rise to the level of emergencies. 6 Response: The Legislature should pass a statute to provide uniform provisions when fire 7 departments assist each other. These provisions should include statutory definitions and 8 clarifications for: 9 a) Who is in command of the mutual aid scene. 10 b) Who will cover the firefighters for worker's compensation. 11 c) How liability and property claims will be handled. 12 d) Who will pay for expendable supplies such as foam. 13 e) When fire departments will charge each other for these services. 14 f) The ability for fire departments to opt out by having a separate written agreement. 15 D-11. Clarification of Joint Powers Relationships with Federally Recognized 16 Indian Tribes (AF) 17 Issue: During the 2010 legislative session, Minn. Stat. § 471.59 was modified to allow federally 18 recognized Indian tribes to participate in joint powers agreements with other governmental 19 entities, including Minnesota cities. Indian tribes are extremely unique legal entities under 20 federal law and international treaties. The new law was a broad brush authorization that did not 21 address important issues that uniquely arise when dealing with Indian tribes related to 22 sovereignty, insurance liability and liability limits (commonly called"tort caps"). Previous laws, 23 such as Minn. Stat. § 626.93 (authorizing tribes to act as law enforcement entities) explicitly 24 addressed these concerns. Since the new law passed, interest has been expressed by public 25 safety groups and individual cities in entering into joint powers agreements with federally 26 recognized Indian tribes. However, legislative guidance is needed to address concerns related to 27 sovereignty, insurance and liability limits for these agreements. League of Minnesota Cities 2015 City Policies Page 16 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: Include in Minn. Stat. § 471.59 (the joint powers statute)language substantially 2 similar to Minn. Stat. § 626.93 that clarifies that Indian tribes entering into joint powers 3 relationships agree to: 4 a) be subject to liability for its torts and those of its officers, employees, and agents 5 acting within the scope of their employment or duties arising out of the joint powers 6 agreement to the same extent as a municipality under Minn. Stat. ch. 466; and 7 b) notwithstanding Minn. Stat. § 16C.05, subd. 7,waive its sovereign immunity with 8 respect to claims arising from liability under the joint powers. 9 SD-12. Ambulance Service Costs and Liability (AF) 10 Issue: The cost of providing ambulance care has increased steadily over the last several years 11 due in part to changes in Medicare reimbursement. The federal Balanced Budget Act(BBA) of 12 1997 made two significant changes to ambulance billing. First, the act mandated that all 13 ambulance services accept Medicare assignments as payment in full; that is, ambulance services 14 cannot bill the Medicare patient for any unpaid balance beyond the Medicare payment. Second, 15 the act mandated a uniform fee schedule that was implemented in April 2002. The new fee 16 schedule significantly reduced reimbursement levels for many ambulance services. The BBA 17 mandates are impacting the ability of some Minnesota ambulance service providers to adequately 18 fund their operations. 19 The loss of revenue due to Medicare reimbursement changes, coupled with higher insurance 20 rates, is affecting the ability of many non-government-based ambulance service providers to 21 deliver emergency care, particularly in rural Minnesota. All ambulance services and personnel 22 are regulated by Minn. Stat. ch. 144E and must comply with the same licensing, training, and 23 equipment-related requirements, regardless of ownership. However, non-government-based 24 ambulance service providers are treated differently from government-based service providers in 25 terms of exposure to liability. While government-based ambulance service providers have 26 specific statutory caps on damages that limit their liability, non-government-based ambulance 27 service providers are not protected by such caps. Consequently, non-government-based 28 ambulance service providers have experienced inordinate growth in their insurance rates. League of Minnesota Cities 2015 City Policies Page 17 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Non-government-based ambulance service liability exposure is a concern for three reasons. First, 2 municipalities that contract for ambulance service may be required to purchase excess liability 3 coverage in order to protect non-government-based ambulance service providers against claims. 4 Second, it may discourage mutual aid agreements between government- and non-government- 5 based ambulance service providers. Finally,unlimited liability exposure threatens the existence 6 of small, non-government-based rural ambulance providers, which could leave large geographic 7 areas without any ambulance service and undermine emergency response to mass casualty 8 incidents. 9 In addition, the liability exposure of medical directors associated with ambulance service is a 10 concern. While medical directors of government-based ambulance services may arguably be 1 I covered by public official immunity, the law is unclear and should be clarified. 12 Response: The League of Minnesota Cities supports federal legislation that would: 13 a) Require Medicare to set ambulance payment rates at the "national average cost" of 14 providing service; 15 b) Require adequate reimbursement for ambulance providers; 16 c) Establish a "prudent layperson" standard for the payment of emergency ambulance 17 claims such that if a reasonable person believed an emergency medical problem existed 18 when the ambulance was requested, Medicare would pay the claim; 19 d) Make it easier for providers to file claims with Medicare by eliminating a processing 20 system that often leads to the rejection of legitimate reimbursement claims. 21 The League also urges the Legislature to extend the protection of the state and municipal 22 Tort Claims Act to, at a minimum,licensed third parties that contract with a municipality 23 to provide ambulance services. The League also supports extending the applicability of 24 public official immunity to medical directors in the course of ambulance service activities. League of Minnesota Cities 2015 City Policies Page 18 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-13. Fees for Service (AF) 2 Issue: While general services—such as permitting, inspections or enforcement—are typically 3 funded out of a city's general fund, cities often impose fees to cover the cost of providing certain 4 services,permits, and licenses. 5 The Legislature and interest groups often seek to mandate or preserve fee limitations for city 6 services. Over the last several years, the Legislature has enacted a number of new laws designed 7 to rigorously control local fee-setting authority. Examples of such mandates include placing 8 limits on coin-operated amusement machine license fees, on-sale and off-sale liquor license fees, 9 license fees for retailers selling fireworks, deputy registrar fees and planning and zoning fees. 10 The state also requires cities that collect more than $5,000 in development-related fees each year 11 to annually report all construction and development fees to the Department of Labor and 12 Industry. 13 Response:While the state has a role in providing a general, statewide funding policy,the 14 state should not interfere in the decision-making functions performed by cities when setting 15 city budgets to provide city services. The League of Minnesota Cities seeks authority for 16 cities to charge fees that are reasonably related to the cost of providing the service, permit 17 or license. The League opposes legislation that would require specific methods to pay for 18 city services or would place caps on city fees. 19 D-14. PFOvidingjmproving and Increasing Citizen Access to Information to 20 Citizens 21 Issue: State law requires that cities publish certain types of information in a"qualified" 22 newspaper designated by the city. While the requirements vary based on city population size 23 most cities must publish: ordinances before they can take effect; advertisements for bids; various 24 financial reports; meeting and hearing notices; notices of elections; dates for filing affidavits of 25 candidacy; and sample ballots. Collectively, these items are referred to as "official notices," legal 26 notices" and "public notices" in state statute. League of Minnesota Cities 2015 City Policies Page 19 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 There are several requirements in statute for a newspaper to be a"qualified" or"official" 2 newspaper for the city. For instance, there can only be one newspaper chosen for the city; it must 3 be printed in English in a newspaper format; if it is a dailypaper, it must be distributed at 4 least five days each week; if not a daily pgper, it may be distributed twice a month with respect 5 to the publishing of government public notices; it must be circulated in the city which it purports 6 to serve, and either have at least 400 copies regularly delivered to paying subscribers or have at 7 least 400 copies distributed without charge to local residents. 8 As technology has evolved, citizens have become more accustomed to the instantaneous 9 availability of online information. Because cities are committed to providing information to 10 citizens and responding to this demand, they have invested heavily in their websites and in 11 growing a robust online presence. They survey citizens about what method of communication is 12 preferred and based on this, cities update, reform, evolve, and advance communication tools and 13 often, they do so with limited means and resources to ensure citizens have access to information 14 about their city. 15 Because of the publishing mandate outlined in state statute, cities continue to publish in 16 newspapers with limited resources while simultaneously providing information to citizens in the 17 format they actually demand: online. These requirements originated in 1949 and to ensure the 18 original intent of the law–providing citizens access to their local government–it is time to 19 eliminate these outdated requirements and make communicating with citizens more efficient. 20 , 21 22 ' 23 24 , 25 26 eitizeffs, 27 effieiefft, 28 , the pr-ivate_ League of Minnesota Cities 2015 City Policies Page 20 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 seeter-and other-epAifies will have aeeess to aftematives to existing news publieatiefis te ebtain effieia4 gevefpAnent necr,,,r-rs, deeuments and infefmationrcxxvy-sccn. 3 Response: The Legislature should eliminate outdated and unnecessary publication 4 requirements that are no longer relevant or representative of the technology we now have 5 that has significantly increased access to government. Cities should be anthoFizedhave the 6 authority to: 7 a) Determine whether web publication should replace or supplement newspaper 8 publication based on the unique needs of each community. .Take advantage of new9 teehnologies to iner-ease the dissemination of infoFmation to eitizeas and potentia 10 lower-the assoeiated eests. 11 ) Designate an appropriate daily4weeWPublication that reaches the maximum number 12 of citizens possible. 13 c) Use alternative means of communication to fulfill statutory requirements such as city 14 newsletters, cable television,video streaming, e-mail,blogs and city web-sites. 15 ALExpand the use of summaries where information is technical or lengthy. 16 fie)_ _ Publish and provide public access to local codes of ordinances on a website 17 accessible to the public and to post revisions and changes to city codes, resolutions, and 18 rules on the city website,when feasible. 19 Cities should also be author-ized to publish and pFo,.4de publie aeeess to Weal eedes e 20 21eodes, resolutions, and rules on the-eity web site, when feasible. , the 22 . 23 5 -15. Administrative Fines for Code Violations (AF) 24 Issue: Many statutory and home rule charter cities have implemented administrative 25 enforcement programs for violations of local regulatory ordinances such as building codes, 26 zoning codes, health codes, and public nuisance ordinances. This use of administrative 27 proceedings has kept enforcement at the local level and reduced pressure on over-burdened League of Minnesota Cities 2015 City Policies Page 21 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 district court systems. Cities using administrative enforcement processes experience a lower cost 2 of enforcement and a quicker resolution to code violations. 3 Minnesota statutes expressly provide the authority for all cities to utilize administrative 4 enforcement of local codes and enforcement of liquor license and tobacco license violations. 5 In 2009, the Legislature amended Minn. Stat. ch. 169, the chapter of law pertaining to state 6 traffic regulations, to allow cities and counties to issue administrative citations for certain minor 7 traffic offenses. Since the passage of the 2009 administrative traffic citations law, some people 8 have questioned whether administrative citations for non-traffic, liquor, and tobacco license code 9 violations can be legally issued by statutory cities given that state law does not expressly provide 10 authority on other code matters. 11 Response: The League of Minnesota Cities continues to support the use of city 12 administrative fines for local regulatory ordinances, such as building codes, zoning codes, 13 health codes,public nuisance ordinances, and regulatory matters that are not duplicative of 14 misdemeanor or higher-level state traffic and criminal offenses. The Legislature should 15 clarify that both statutory and home rules charter cities have the authority to issue 16 administrative citations for code violations. Further, state statute should allow statutory 17 and home rule charter cities to adjudicate administrative citations and to assess a lien on 18 properties for unpaid administrative fines. 19 SB--16. Contracting and Purchasing (CJ/AF) 20 Issue: Minnesota statutes stipulate contracting and purchasing requirements for Minnesota cities. 21 The law prescribes the process political subdivisions must use to make purchases and award 22 contracts, and requires a competitive sealed bid procedure for contracts or purchases over 23 $100,000. The intent of these statutory requirements is to provide taxpayers with the best value 24 for their dollar and ensure integrity in the process. However, imposing these statutory 25 requirements may, at times, result in political subdivisions paying more for goods and services 26 than private entities under the same circumstances. League of Minnesota Cities 2015 City Policies Page 22 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 The Legislature recognized the benefits associated with alternative purchasing methods when it 2 amended municipal contracting law in 2004 to authorize the use of reverse auctions to purchase 3 supplies, materials, and equipment. Similarly, other contracting procedures, including"design- 4 build" and direct negotiation are proven alternatives to the formal bidding process. Authorizing 5 broader use of these types of alternatives as the Legislature did in 2009 by authorizing a design- 6 build pilot program, would enhance the ability of cities to make appropriate and fiscally 7 responsible purchasing decisions. 8 Response: The League of Minnesota Cities supports broader use of alternative contracting 9 and purchasing methods that streamline the process and reduce local purchasing costs. 10 Specifically, the League supports authorizing cities to use the design-build procedure and 11 providing municipalities with broader authority, similar to that of private businesses, to 12 directly negotiate contracts. The Legislature should establish a task force to review 13 municipal contracting laws, and consider contracting and purchasing reforms that give 14 cities the flexibility to provide quality goods and services at the lowest cost to taxpayers. 15 b-17. City Enterprise Operations (AF/AL) 16 Issue: Historically, city enterprise operations have been created in response to community needs, 17 lack of a private market, financial reporting requirements, state and federal mandates, to enforce 18 state and local law, and to ensure a quality of life for the residents of a community. Establishing 19 an enterprise operation allows a city to provide a desired service while maintaining financial 20 control over service levels, costs, and public inputs. 21 In some cases, enterprise operations produce general public benefits and may require public 22 support to ensure a desired level of service at a reasonable cost. The benefits of an enterprise 23 operation, therefore, should be evaluated not solely in terms of profitability but also on the 24 service benefits to citizens of the community. 25 Response: The League of Minnesota Cities supports the local decisions made by cities to 26 deliver services by establishing a city enterprise operation. The state should refrain from 27 infringing on the ability of a city to provide services for its community. League of Minnesota Cities 2015 City Policies Page 23 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-18. Constitutional Amendments (AL) 2 Issue: The Minnesota Constitution requires that a constitutional amendment be approved by a 3 simple majority of both chambers of the Legislature at one session, and must then be ratified by a 4 majority of all the voters voting at the election. Minnesota is one of 18 states that require a 5 simple majority vote by legislators while 26 states require a higher threshold (17 states require a 6 two-thirds majority and nine require a three-fifths majority). Since statehood, 215 proposed 7 constitutional amendments have been voted on by the electorate; 120 of them have been 8 approved (56%) and 95 rejected (44%). 9 Cities provide a variety of critical and essential services to residents of Minnesota. Many public 10 policy decisions at the state level impact cities and therefore, city officials depend on their state 11 legislators to represent city interests at the Legislature. 12 Additionally, unlike a statutory change, a constitutional amendment is difficult to modify or 13 repeal once enacted. 14 Response: The League of Minnesota Cities strongly supports our representational system 15 of government and opposes laws and amendments that restrict local government. The 16 Legislature is the appropriate governing body to consider and enact laws that reflect 17 statewide interests. Utilizing constitutional amendments to change public policy 18 circumvents this process. 19 Therefore, the League supports requiring a supermajority vote (two-thirds in support) by 20 the Legislature to put an amendment on the ballot. 21 SD-19. Initiative and Referendum (AL) 22 Issue: The Legislature has frequently considered legislation to establish initiative and 23 referendum by proposing to place a question for voter approval on the state general election 24 ballot to amend the state constitution to allow voters to initiate or repeal state laws by submitting 25 a petition which would cause such questions to be placed on the state general election ballot. League of Minnesota Cities 2015 City Policies Page 24 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: Cities strongly support our representational system of governance and, 2 therefore, oppose amending the state constitution to provide for initiative and referendum. 3 The Legislature is the appropriate governing body to consider and enact public policy that 4 reflects statewide interests. 5 The process of adopting state law based on good public policy is best upheld and supported 6 by increasing the accountability and responsiveness of the legislative process,not by 7 circumventing it. Presenting complex issues to voters in the guise of direct democracy 8 further weakens representative government. 9 A state constitutional amendment to provide for initiative and referendum subjects cities 10 and their residents and taxpayers to the unintended outcomes of sometimes unwise 11 attempts to place significant public policy decisions into the hands of special interests that 12 can raise unlimited funds for the purpose of promoting their more narrow interests. 13 Sid--20. Civil Liability of Local Governments (PH) 14 Issue: One of the barriers to the delivery of governmental services and programs is the exposure 15 of local governments and their officials to civil damage claims. The state has acted to protect 16 itself and its local governments by enacting exceptions and limitations to liability suits, and 17 authorizing self-insurance and other mechanisms to deal with claims allowed by law. 18 Response: The League of Minnesota Cities supports: 19 a) Creating an exception to municipal tort indemnification law, Minn. Stat. §466.07, 20 where an employee is defended and indemnified for claims under a contract of 21 insurance carried by the employee. 22 b) Extending the protection of the state and municipal Tort Claims Act to quasi- 23 governmental entities when performing public services such as firefighting or licensed 24 third-party ambulance providers that contract with a municipality to provide 25 ambulance services. 26 c) Existing constitutional safeguards for protecting public and private property 27 interests without any statutory expansion of property rights. League of Minnesota Cities 2015 City Policies Page 25 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 d) Clarifying and maintaining the applicability of municipal immunity in various areas, 2 including, but not limited to,vicarious official immunity and park and recreational 3 immunity, including the extension to entities providing a public service that have not 4 traditionally been included within the immunity (e.g., state trails over municipal utility 5 easements). 6 e) Preserving changes to Minnesota's joint and several liability laws that require a 7 municipality to be at least 50 percent at fault to be held responsible for 100 percent of a 8 damage award. 9 f) Reasonable limits on the amount and circumstances in which statutory attorney fees 10 may be awarded in order to encourage settlement by all parties and decrease the 11 likelihood of litigation. 12 g) Preserving the essential structure of the local government tort liability caps in Minn. 13 Stat. § 466.04. 14 SD-21. Private Property Rights and Takings (CJ/PH) 15 Issue: In the wake of the U.S. Supreme Court's 2005 decision Kelo v. City of New London, 16 which upheld the ability of local governments to use eminent domain for economic development 17 purposes, the Legislature enacted significant restrictions on cities' use of eminent domain for 18 economic development and redevelopment, and imposed new compensation and procedural 19 requirements that apply to all condemnation actions, including those for traditional public uses 20 such as roads, parks, and schools. Legislation to control cities' abilities to perform regulatory 21 acts—such as road rights-of-way condemnation, shooting range zoning, and amortization—has 22 also received strong support from legislators. In addition, some legislators would like to 23 authorize businesses to seek inverse condemnation when a governmental entity enters the 24 business market and provides competing goods or services or limits the number of businesses 25 that can operate privately or receive public contracts. 26 Such legislative initiatives threaten a wide array of planning, environmental,historic 27 preservation, and land conservation measures and undermine the fundamental responsibility of 28 cities to protect the public health, safety, and welfare of its citizens. League of Minnesota Cities 2015 City Policies Page 26 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: State law must continue to provide cities with the tools needed to balance the 2 rights of private property owners with the interests of the public. The League of Minnesota 3 Cities opposes legislation that diminishes the ability of cities to act in the best interest of the 4 health, safety, and welfare of its citizens; that increases the cost of doing business for the 5 public good; or that creates the possibility of additional lawsuits against cities. 6 Specifically,the League opposes legislation that: 7 a) Allows businesses to seek inverse condemnation when a city provides competing 8 goods or services, or limits the number of private operators. 9 b) Creates an automatic cause of action for damages any time a local regulatory action 10 impacts the use or reduces the value of private property. 11 The League supports legislation that: 12 a) Authorizes cities to use eminent domain for economic development and 13 redevelopment projects that advance a greater public good that benefits the 14 community. 15 b) Empowers local elected officials to determine whether a particular taking of 16 property serves a public purpose. 17 c) Creates incentives to encourage landowners to voluntarily sell their property to the 18 public for development or redevelopment. 19 SD-22. Organized Solid Waste Collection (CJ) 20 Issue: "Organized collection"refers to a situation where a local unit of government, for any of a 21 variety of reasons, decides that there is a public interest served by limiting the number of solid 22 waste and recycling collection services available in the area. The reasons for implementing 23 organized collection can vary,but include: 24 a) Public safety concerns caused by the number and frequency of large trucks moving 25 quickly through residential neighborhoods. 26 b) Reducing wear on public infrastructure from heavy truck traffic. 27 c) Improving the efficiency, cost and quality of garbage and recycling service provided to 28 local residents. League of Minnesota Cities 2015 City Policies Page 27 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 d) Cooperating with other local governments to best meet solid waste management and 2 recycling objectives. 3 e) Taking local steps to reduce energy impacts of public services. 4 f) Meeting the requirements of county ordinances and solid waste management plans as 5 required under Minn. Stat. § 115.94. 6 Organized collection is also encouraged in state solid waste policies as a means of improving the 7 efficiency and coordination of solid waste management between local units of government. 8 There are very specific and burdensome public procedures laid out in statute defining how such a 9 decision must be publicly vetted and approved and over what time period that can occur. 10 Despite all of these important and valid reasons for using organized collection, legislation has 11 been discussed in several recent sessions that would allow special takings claims or contractual 12 damages to be claimed by the solid waste industry if local governments make decisions that limit 13 the number of companies that can collect garbage in a community in a manner that prevents a 14 company currently operating in the community from continuing to do so through the 15 implementation of organized collection. The unspecified and ongoing liability this change would 16 create would have the effect of eliminating organized collection as a waste management option. 17 This change would also create a virtual monopoly situation for any company awarded a solid 18 waste contract under organized collection. The local unit of government would have to "buy out" 19 a contractor in the future to change providers, even if their services were no longer the lowest 20 bid. It also creates an incentive for bidders under organized collection to submit high bids, as 21 they would be eligible for damages if they fail to win without having to provide service. 22 Furthermore, this is a precedent that, if applied to other government purchasing and service 23 contracting decisions, would clearly run counter to the public purpose of government providing 24 services at the lowest feasible cost to taxpayers. 25 Response: The League of Minnesota Cities opposes efforts to apply inverse condemnation 26 claims to city solid waste contracting decisions or to allow automatic contractual damage 27 claims for solid waste haulers that lose competitive bids in organized collection 28 communities. League of Minnesota Cities 2015 City Policies Page 28 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Further,the League supports the current state policy that organized collection is a valuable 2 tool as part of a comprehensive solid waste and recycling management program and 3 recognizes the need to protect and preserve the authority of cities to adopt solid waste 4 service contracts that protect public safety,the environment and public infrastructure. 5 SD-23. Private Well Drilling (CJ) 6 Issue: The state has continued to place requirements on public water supply providers to add 7 drinking water treatment and testing, to restrict the volume of water used, and to increase the cost 8 of water use through fees and requirements on utility rate structures. As a result,many water 9 users are choosing to obtain all or portions of their water from wells they place on their own 10 property. This creates risks to public health and safety, can affect the surrounding environment, 11 can affect city water supplies, and can leave city water utilities with massive losses of customer 12 load and rate revenue. The rf;r..eset T,ep,,A, eat of14ea t, (N4D14) has ,,,.,i ffie,a tha4,hies h.,.,e 13 e auther-ity to p e ent r ate wells fr-e,.. beingt 11 ,a a operated. 14 15N4DH's posi4ion is out of 16 iiiie with long standing statd4efy eity pokee PeA'A"e-r-—and ;Z'A44jjg power-. Gwgf-'1;44'A" &4;d,; ';4404; 17 .x'utlher-ity esseatia4to „reteet the publie heaM a safe* . Providing clean, safe, cost-efficient 18 drinking water to citizens is an essential service provided by 726 active municipal water systems. 19 The Minnesota Department of Health (MDH) agrees that cities have the statutory authority to 20 determine whether private wells are an appropriate use within their boundaries andT 21 hands by,-e fus ng to rveagiiiz that cities must protect the public water supplies from numerous 22 private wells in city boundaries. Private wells in a city increase the risk of contaminating public 23 water supplies and encourage over use of water. Cities have the authority to regulate and even 24 prohibit private wells by local ordinance. 25 Response: The League of Minnesota Cities supports current law that authorizes cities to 26 protect public health and safety through local controls regulating or prohibiting private 27 wells being placed within municipal water utility service boundaries and would oppose any 28 changes to law to remove that authority. League of Minnesota Cities 2015 City Policies Page 29 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-24. Airport Safety Zones (AF) 2 Issue: The field of aeronautics is regulated generally by Minn. Stat. ch. 360 and Chapter 8800 of 3 the Minnesota Rules. Land use safety zones and other public airport zoning standards are 4 established in Minnesota Rules Chapter 8800.2400, and are adopted by local airport zoning 5 regulations that are submitted to the Minnesota Department of Transportation (MnDOT) 6 commissioner for review and approval before adoption. Airport safety zones are intended to 7 restrict land uses that may be hazardous to the operational safety of aircraft using the public 8 airport, and to protect the safety and property of people on the ground in the area near the public 9 airport. 10 While some of the provisions included in the Minnesota Rules are required by the Federal 11 Aviation Administration (FAA), other provisions go well beyond the federal requirements. In 12 some cases, the Minnesota Rules do not make sense for the community served by a public 13 airport. 14 Response: The League of Minnesota Cities supports efforts to protect the safety and 15 property of people living and working near public airports. The League also recognizes 16 that the Minnesota Rules related to public airport zoning standards exceed the FAA's and 17 other states' standards and, thus, needlessly infringe on local control. The League supports 18 changes to Minnesota Rules pertaining to airport zoning standards that will more closely 19 align Minnesota's Rules with those in other states,while at the same time retaining local 20 authority to be more restrictive than the Minnesota Rules. 21 SD-25. Sustainable Development (CJ/HC) 22 Issue: Minnesota cities spend significant time and resources planning for growth, development, 23 and redevelopment that will best serve the future needs of their residents. Numerous factors are 24 considered as part of that process, but an area of increasing interest involves concepts often 25 categorized as "sustainable development."Minn. Stat. § 4A.07, subd.l(b) defines this term, as it 26 pertains to local government,to mean"development that maintains or enhances economic 27 opportunity and community well-being while protecting and restoring the natural environment League of Minnesota Cities 2015 City Policies Page 30 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 upon which people and economies depend. Sustainable development meets the needs of the 2 present without compromising the ability of future generations to meet their own needs." 3 Cities play a key role in fostering sustainable development and other conservation practices due 4 to their role in land use planning and zoning, stormwater and wastewater management, and local 5 economic development.Local governments can take a lead on these issues by choosing to 6 incorporate aspects of sustainable development into their local operations and facilities. They can 7 also develop local policies and regulations that support and guide individual and private 8 sustainability efforts. The ability of a city to affect these changes can, however,be restricted by 9 policies and requirements imposed by other levels of government. 10 Sustainable development initiatives can cover a wide range of issues, but share the benefit of 11 lessening the future environmental impacts of communities on the land, air, and water in their 12 area. Lakes, streams, rivers, wetlands, wildlife habitat, shoreland areas, and other natural 13 resources can be protected and enhanced in quality through local efforts. Energy efficiency and 14 renewable energy production reduce the energy demands of a community and the environmental 15 impacts of energy production. By more efficiently using public infrastructure and minimizing 16 resource consumption, the costs to individuals,business, and government can be reduced. New 17 and expanded business and job opportunities are also generated by the "green"products and 18 services needed to implement sustainable development initiatives. The ideal result of well- 19 planned sustainability, natural resources management, and conservation efforts is a city that is 20 more efficient in the use of its resources and infrastructure, creates fewer environmental 21 problems for future generations to address, and is a more desirable home for residents and 22 businesses. 23 Response: The League of Minnesota Cities supports federal, state, and regional efforts to 24 promote sustainable development where the effectiveness of the proposed practice is 25 supported by sound science, and as long as those efforts do not supersede the authority of 26 local governments to determine their own policies regarding land use and related issues. 27 Providing technical assistance and financial incentives, and streamlining regulations to 28 encourage local governments and private property owners to engage in sustainable 29 development practices, as well as assisting in education and information efforts for the League of Minnesota Cities 2015 City Policies Page 31 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 building industry and the public, are the best means to generate successful results. These 2 programs should focus on outcomes, allowing flexibility in how to best meet those outcomes 3 in different locations and situations. The League opposes mandates that limit the authority 4 of cities to determine what practices will best meet the needs of their communities. 5 The League supports sustainable development efforts that meet the above criteria, 6 including programs proposed in the following areas: 7 a) Shifting public resources, services,investments, purchasing power, and procurement 8 toward more economically and environmentally sustainable outcomes where those 9 solutions are cost effective and appropriate. 10 b) Using local land-use planning and zoning to protect and enhance limited natural 11 resources, and reduce the impacts of growth and development on local infrastructure. 12 c) Promoting efficient and renewable energy sources. 13 d) Encouraging sustainable building design, construction, and operation strategies 14 focused on integrated design, energy efficiency, water conservation, stormwater 15 management, waste reduction, pollution prevention,indoor environmental quality, and 16 the use of low-impact building materials and products. 17 e) Supporting sustainable economic development, such as brownfield clean-up, on-site 18 stormwater management, and sustainable business practices and technologies. 19 f) Assisting and recognizing local governments that take actions to reduce greenhouse 20 gas emissions and increase energy efficiency by providing and identifying technical 21 assistance, financial assistance, and best practices. 22 SD-26. Construction Codes (AF/HC/PH) 23 Issue: The State Building Code is the statewide standard for the construction, reconstruction, 24 alteration, and repair of the buildings and other structures of the type governed by the code. A 25 building code provides many benefits, including uniformity of construction standards in the 26 building industry, consistency in code interpretation and enforcement, and life-safety guidance. 27 While all cities must enforce certain codes—such as the accessibility code and the bleacher 28 safety code—enforcement of the State Building Code remains a local option for cities under League of Minnesota Cities 2015 City Policies Page 32 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 2,500 population in a non-metropolitan county where voters have approved an exemption from 2 the state building code and that did not adopt the code before Jan. 1, 2008. 3 Minnesota eifies have adopted the State Building Cede, and a4l eifies within the seven eeii� 4 ffiet-fopelitan afea a e ro „ a to o.. e the Stat Builditig Cede. 5 The Department of Labor and Industry(DLI)has authority over state-licensed facilities and 6 public buildings. Pursuant to Minn. Stat. 326B 106 subd 2 it must delegate authority to 7 inspect projects on these buildings to a municipality if DLI determines that the municipality has 8 adequate qualified local building officials to perform plan review or inspection of the projects 9 Over time, the delegation process became unclear and arbitrary and in 2014 the Legislature 10 passed legislation requested by the League of Minnesota Cities and agreed upon by DLI to 11 provide more transparency and clarity to the delegationprocess DLI after consultinglocal ocal 12 governments and the League implemented a new delegation procedure as required by statute 13 Disputes concerning code development have led to efforts to either repeal the International 14 Mechanical Code or create a new board with the authority to adopt, administer, interpret, and 15 enforce mechanical codes in Minnesota. Such proposals undercut efforts to adopt a single set of 16 compatible codes, which help provide for more efficient compliance, administration, and 17 enforcement of construction regulations. 18 While a single set of coordinated codes helps provide consistency in code administration and 19 enforcement, implementation of sustainable building design, construction, and operation does 20 not readily integrate with the existing state building and energy code system. As a result,many 21 cities are interested in adopting more aggressive local standards for sustainable development and 22 conservation. 23 Finally, the Legislature has directed the state Construction Codes and Licensing Division to 24 develop competency criteria and continuing education requirements for all construction code 25 inspectors. These educational opportunities are particularlyportant for small cities in Greater 26 Minnesota because DLI will not delegate authority to local building officials unless they meet 27 certain experience and training requirements. While the Legislature supports greater training and 28 education requirements for local code officials, it has, at the same time,redirected excess League of Minnesota Cities 2015 City Policies Page 33 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 building permit surcharge dollars into the general fund to help balance the state's budget rather 2 than making these funds available for code-related research and training. 3 Response: A statewide-enforced building code may have benefits,but requiring it would 4 result in an unfunded mandate. The enforcement of a building code can be cost prohibitive 5 for many cities due to the expenses and overhead related to staffing versus the limited 6 building activity occurring in some communities. The League supports the collaborative 7 efforts that lead to the 2014 changes to the local delegation process, and DLI should 8 continue to consult with cities to ensure that the process remains transparent and fair. 9 The beague of Minnesota Cities supports a statewide building eode as long as there is no 10 . Enforcing the State Building Code should remain 11 a local option for the municipalities that have not already adopted the Codc under-2,5o 12 population i tr-opelitan eounty where voters have appFeved an exemption fro 13 the State Building Code and that did not adopt the eode before jan. unless the state 14 fully funds the costs of enforcement and inspection services necessary to enforce a 15 statewide building code. If the Legislature requires all cities to enforce the State Building 16 Code,local governments must have the option to hire or select a building official of their 17 choice and set the appropriate level of service—even if the state fully funds code 18 enforcement activities. 19 Cities that enforce the State Building Code endeavor to provide quality code 20 administration and enforcement. The League supports the development of coordinated 21 construction codes and additional enforcement tools that help local officials efficiently 22 administer and enforce construction regulations to protect the health and safety of citizens 23 in their jurisdictions. These education efforts should include training to assist local building 24 officials gain the requisite experience to qualify for delegation of state-licensed facilities and 25 public buildings. 26 The League urges the state to make surplus revenue from the building permit surcharge 27 available to local governments to help defray the cost of complying with code official 28 training and education requirements. League of Minnesota Cities 2015 City Policies Page 34 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Finally, the state should collaborate with local governments, construction industry 2 representatives, and other stakeholders to review the building and energy codes and 3 consider modifications to encourage sustainable building design, construction, and 4 operation. Specifically: 5 a) For purposes of federal conformity, the state should adopt the International Energy 6 Conservation Code as part of the State Building Code. 7 b) The state should include the International Green Construction Code as an optional 8 appendix to the State Building Code to allow cities to utilize appropriate parts of those 9 guidelines in their communities. 10 c) The state should develop components in the building inspector training program to 11 ensure inspectors are familiar with these practices and technologies. 12 d) The Legislature should authorize cities to experiment with more aggressive local 13 standards for sustainable development and conservation that will help inform the state 14 code development process. 15 SD 27• LV r oea Authority to irnree+ n„�,l;e Buildings (nu) i. / 16 17 »Piiblie buildings afe defined in Mifm. R. 1302.0400 as any 18 , 19 , 20 21 22 sefvieespr-ejee4. 23 , despite the pfesenee e 24 25 . 26 , and ea* aften 27 28 ffam the pfejeet te be inspeeted, and who may e wisdietions. inspeetion fees are 29 , League of Minnesota Cities 2015 City Policies Page 35 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 , 2 1.,...1 ,-esidents 3 Responser Minn. Stat. § 326B.106 should mquiFe that DLI! (4) pr-ovide eidieswith–the 4 ; 5 wheneveF an appheation is denied; and (3) provide the eity with an oppoi!tunity to address 6 and remedy the shor-teomings identified by PLI in its explanation of denial. Further-, the 7 statute should pm14de an administrative pmeess fof! eities to appeal a deftial of a delegation 8 applieation. FinaRy, 9 10 . 11 SD-28. Residential Sprinkler Requirements (PH/HQ 12 Issue: The International Code Council (ICC) voted to add a fire sprinkler provision to its 2009 13 International Residential Code (IRC). The Department of Labor and Industr(DLI) considered 14 this provision as part of the adoption of the 2012 IRC. After nearly two years of debate, the 15 Department approved a final version of the 2012 IRC requiring the installation of fire sprinklers 16 in new two-family homes and townhouses and in new one-family homes greater than 4,500 17 square feet. The 2012 IRC is scheduled to become effective in January 2015. 18 . 19 , 20 . 21 During debate over the fire sprinkler issue, the Legislature passed two bills that would have 22 prohibited the IRC from requiring fire sprinklers in any residential homes, although both bills 23 were vetoed by Governor Dayton. 24 Response: Although the residential fire sprinkler requirement remains controversial, the 25 issue was thoroughly and appropriately discussed through the code adoption process. The 26 League does not believe that the Legislature should mandate or prohibit the inclusion of 27 specific provisions of the State Building Code. If the residential fire sprinkler requirement 28 becomes effective as planned, DLI must need to educate citizens, builders, and building League of Minnesota Cities 2015 City Policies Page 36 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 officials about the provision to ensure it is implemented properly,without causing an 2 undue burden on citizens and other stakeholders. 3 if adopted, 4 Minnesota r-esidefits. This is a mulfifaeeted issue and needs to be themughly diseussed 5 through the Department of hah-a--� -Am-d- -In-d-ustFy (DU) eode adoption pmeess. Mor-e 6 infer-mation and outr-eaeh is needed to edueate eities and their- residents on the spr4nk4e 7 —t-. 8 , DLI and stakeholden should diseuss and take into 9 , the potential bur-den 10 ' 11 . 12 SD 29. Regulating ftoblem Rental Pr-opeFties (14C) 13 Ivsmer v4denee-exitOinarpiobler - cnpnperi vS sairsuar""irc-u 14 , the 15 neighbor-head, and pr-ope#),values of neigkbar-s.- 16 17 for-emer-gefley response-to ineidents that take plaee oft r-esidentW mi+tal pr-epet4y emase sefieus 18 poheing and budget issues. While eities agfee that tenants should notbe pena4ized fer-ea4lifig 19 peliee, 20 21 mseufees. in many instanees, 22 23 J?espenser The Legislature should elaFify that eities are Buthofized to adopt Fental housing 24 fieensing r-equir-ements that mandate rental housing owner-s and manageFS mifigate 25 26 27 . League of Minnesota Cities 2015 City Policies Page 37 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-30. Disability Access Requirements (AF/HQ 2 Issue: Title II of the Americans with Disabilities Act (ADA) of 1990 requires that state and local 3 governments provide people with disabilities equal opportunity to benefit from all of their 4 programs, services, and activities. Public entities are not required to take actions that would 5 result in significant financial and administrative burdens,but they must modify policies, 6 practices, and procedures to avoid discrimination unless they can demonstrate that doing so 7 would fundamentally alter the nature of the service, program, or activity being provided. 8 State and local governments are also required to follow specific standards when constructing 9 new facilities and altering existing public buildings, and they must relocate programs or 10 otherwise provide access in inaccessible older buildings. Under the ADA,public entities are not 11 necessarily required to make each existing facility accessible. However, their programs—when 12 viewed in their entirety—must be readily accessible to people with disabilities. A public entity 13 may achieve program accessibility through various methods. For example, a city may alter 14 existing facilities, acquire or construct new facilities, relocate a service or program to an 15 accessible facility, or provide services at other accessible sites. 16 One district court judge has taken an expansive view of disability access requirements for public 17 recreation facilities. The case involved a parent who sued a city due to difficulty viewing soccer 18 and baseball games on certain city fields. The court, in interpreting the Minnesota Human Rights 19 Act (MHRA), held that any public facility is a public service. Since the MHRA requires that 20 every public service be accessible to disabled persons, the court concluded that each and every 21 playing field and other public facility must be fully accessible. The court rejected the ADA's 22 limitations on modifications for physical access to older facilities, as well as the ADA's "when 23 viewed in its entirety" language for program access. The result is a more restrictive state standard 24 for physical access to public facilities than required by the ADA and the State Building Code. 25 Response: The League of Minnesota Cities supports changes to the MHRA that will make 26 state accessibility standards compatible with the federal ADA for public services and 27 facilities. The Legislature should clarify that a facility that is in compliance with handicap 28 access provisions of the State Building Code meets the physical access requirements of the 29 MHRA. State law should also specify that access requirements apply to public programs League of Minnesota Cities 2015 City Policies Page 38 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 and services as a whole,rather than to each individual aspect of a public program or 2 service. 3 SD-31. Restrictions on Possession of Firearms (AF/CJ) 4 Issue: The Minnesota Citizens Personal Protection Act, also known as "conceal-and-carry," 5 prohibits guns on most school properties but forbids other local units of government from 6 prohibiting loaded firearms on their properties. The inconsistencies in the law's treatment of 7 different kinds of properties have caused confusion about how the law applies to multi-use 8 facilities, such as municipal ice arenas used for school-sponsored programs. The recent shooting 9 in the Morrison County Government Center also shows the harm that can result from preventing 10 local control of their own facilities. 11 Further, the law gives private property owners the right to prohibit guns in their establishments, 12 but prohibits landowners from restricting firearm possession by tenants and their guests without 13 distinguishing between residential and commercial properties. This creates confusion for 14 shopping malls and other retail properties with large common areas that are not occupied by the 15 tenants but which the tenants and their customers must cross to access the tenant's space. 16 Response: The League of Minnesota Cities requests an amendment to the Citizens 17 Personal Protection Act that would allow cities to prohibit handguns in city-owned 18 buildings, facilities, and parks. The League is not seeking a repeal of the Citizens Personal 19 Protection Act,nor authority to prohibit legal weapons in parking lots or on city streets 20 and sidewalks. The League also supports efforts by commercial property owners to clarify 21 that the prohibition on restricting possession by tenants and their guests applies only to 22 residential rental property. 23 SD-32. Public Safety Communications (AF/LZ) 24 Issue: The state role in financing public safety communications has important cost implications 25 for cities. The state needs to accept financial responsibility for use by cities of the state public 26 safety radio communications backbone. Cities have struggled to pay high expenses to participate 27 in the 800 MHz statewide public safety system. League of Minnesota Cities 2015 City Policies Page 39 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 In previous state budgets, the Legislature turned to revenue sources upon which cities depend to 2 cover costs to purchase and operate new communications technology and hardware for 3 computer-aided dispatch, 911 public safety answering points (PSAPs), and interoperable radio 4 communications equipment and subsystems in order to finance the build-out of the state 5 backbone for the new system. As a result, fees were directed to fund revenue bond debt service 6 used to complete the statewide build-out of the Allied Radio Matrix for Emergency Response 7 (ARMER) and the cost of operations of the state public safety radio communications backbone. 8 At the federal level, the Federal Communications Commission (FCC)has ordered reservation of 9 700 MHz wireless spectrum for a national interoperable broadband network to meet public safety 10 communications needs. But no successful proposal for development of such public safety uses 11 has yet been forthcoming. 12 Response: The League of Minnesota Cities supports continued and increased state 13 financing of substantial local costs to participate in ARMER,including the acquisition and 14 modernization of subscriber equipment, such as portable and mobile radios required for 15 ARMER users. The League also opposes efforts to divert dedicated ARMER funds to the 16 state's general fund. The Legislature should fund regional cooperation and partnerships 17 for effective delivery of 911 service, training and use of ARMER. 18 The League also urges the FCC to continue to support availability of wireless spectrum 19 necessary to expand channel capacity that allows local public safety agencies to meet future 20 needs of cities and other local units of government. 21 SLS-33. CriMNet (AF/LZ) 22 Issue: Public safety is compromised by the lack of centralized, complete, and accurate criminal 23 history data about individuals, incidents, and cases. Without an integrated criminal justice 24 information system, Minnesota cannot always hold serious criminals accountable for their 25 crimes. CriMNet, Minnesota's effort to integrate the 1,100 criminal justice information systems 26 operated by agencies at all levels, will improve access to relevant criminal history data for public 27 safety and criminal justice authorities. League of Minnesota Cities 2015 City Policies Page 40 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 City officials are well aware of the complex issues raised by the utilization of electronic record 2 keeping, data sharing, and access to records that identify data subjects. The League of Minnesota 3 Cities recognizes that one of the challenges in making CriMNet operational is meeting the 4 requirements of the Minnesota Government Data Practices Act (MGDPA). 5 More than 500 cities operate police departments. These departments vary dramatically in fiscal 6 capacity, staffing resources, and technical expertise. Further, each municipal law enforcement 7 agency has unique operating procedures, strengths, and needs based on the community it serves. 8 The League knows CriMNet will have a significant impact on municipal police business 9 practices, and could mean increased staffing needs, training, and equipment purchases. The 10 League also recognizes that every agency must participate fully in CriMNet to make the system 11 effective. 12 Response: The League of Minnesota Cities supports efforts by the state to integrate 13 criminal justice information systems. The League also supports cooperation between 14 legislators,law enforcement and corrections agents, court officials,prosecutors, community 15 groups, and businesses that build public support for CriMNet. 16 If CriMNet is to be implemented statewide, the Legislature must consider the different 17 capacities of municipalities to participate. The League requests that the Legislature fund 18 CriMNet planning and implementation at the local level. 19 To ensure compliance with the MGDPA, comprehensive guidelines and operational 20 practices should be implemented to safeguard access to and use of CriMNet data. However, 21 data practices policies should not create new, unfunded mandates for local units of 22 government or compromise CriMNet's usefulness to the criminal justice system by creating 23 unnecessary barriers. CriMNet stakeholders and participating users at the local level 24 should be involved in crafting any legislation that would govern data practices 25 requirements for CriMNet. League of Minnesota Cities 2015 City Policies Page 41 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SIS-34. Pawn Shop Regulation and Use of the Automated Pawn Property 2 System (APS) (AF) 3 Issue: Minn. Stat. ch. 325J enables licensure for pawnbrokers and provides statewide minimum 4 regulations for the pawn industry. Specifically, the law: 5 a) Requires pawnbrokers to record all transactions, including details of the item pawned or 6 sold, information about the customer and the cost of the transaction. 7 b) Requires pawnbrokers to maintain records of all transactions for three years, and to make 8 records available upon request to law enforcement agencies. 9 c) Allows pawnbrokers to charge a maximum monthly interest rate of 3 percent of the 10 principal amount loaned in a transaction, plus a reasonable fee for storage and services. 11 The Automated Pawn Property System (APS);is a computerized system for tracking and 12 monitoring pawn transactions, was 1.,,,nehea by the eity of'TTinfle.,, elis i 1997 a-R mad 13 C lete athef mtmieipa4ities aftef Minn. Stat. -325.1 eflae-ted. The purpose of the APS 14 is to provide a tool to verify compliance wither Minn. Stat. ch. 325J, to help identify 15 and minimize illegal activity, to recover stolen property, and to provide a legitimate environment 16 for consumers. Currently, almost 260 law enforcement agencies and over 190 17 stores in Minnesota and Wisconsin participate in the APS system as either a"query only" or 18 "contributing"member. 19 All access to and use of information in the APS system is governed by the Minnesota Data 20 Practices Act. Only authorized users have access to the data. There is no public access to the 21 data. Further, data that would reveal the identity of persons who are customers of a licensed 22 pawnbroker or secondhand goods dealer are private data on individuals and only used for law 23 enforcement purposes. Data describing the property in a regulated transaction with a licensed 24 pawnbroker or secondhand goods dealer is public. 25 Original pawn and secondhand transactions reported to the APS carry a$1 fee, regardless of the 26 number of items involved. All subsequent updates or corrections to transactions are processed 27 without charge. Contributing jurisdictions may also add regulatory costs to the transaction fee. 28 The total transaction fee is then typically assessed by the dealer to the customer. League of Minnesota Cities 2015 City Policies Page 42 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 A bill that would weaken Minn. Stat. ch. 325J and restrict the use of the APS has been 2 introduced in the Minnesota Legislature. Specifically, the legislation would forbid law 3 enforcement agents from acquiring customer information from pawn and secondhand shops until 4 they have probable cause to do so, and would eliminate the authority of local units of 5 government to more strictly regulate pawn and secondhand dealers. The legislat4en would also 6 .elaee µ41 . t er#m,,, ie .1 h; o g fees th a$0.25 per- t 7 Response: The League of Minnesota Cities supports the authority of cities to regulate and 8 license pawnbrokers, and opposes any legislation that would remove the authority of local 9 governments to enact more restrictive regulations than currently exist in Minn. Stat. ch. 10 325J. 11 The League supports the authority of cities to set licensing and transaction fees that would 12 enable them to recover their full regulatory and enforcement expenses. 13 The League supports cooperation between law enforcement agencies and the pawn 14 industry that enhances the ability to identify illegal activity and recover stolen property. 15 Access to transaction information by law enforcement agencies is vital to accomplishing 16 this goal. Further, the sharing of information through the use of the APS is a proactive way 17 to prevent property and other crimes. 18 D-35. Compensation and Reimbursement for Public Safety Services (AF) 19 Issue: Municipal public safety personnel often respond to emergencies involving non-residents. 20 For example, municipal fire,police, and/or ambulance services may be dispatched to the scene of 21 a traffic accident on an interstate highway involving victims from other cities or states. Although 22 cities can bill for some public safety services they provide to non-residents, they have limited 23 authority to collect on unpaid bills. 24 Cities have also found that auto insurance policies vary when it comes to coverage for 25 emergency responses. Insurance companies of those responsible for accidents sometimes deny 26 payment for fire and ambulance service. League of Minnesota Cities 2015 City Policies Page 43 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Additionally,municipal public safety personnel commonly respond to emergencies that require 2 the provision of medical services. The medical services provided by the city-employed first 3 responders are part of a continuum of health care that is covered by insurance companies when 4 provided by paramedics and other medical care providers; however, insurance policies vary 5 when it comes to coverage for municipally provided medical services. Insurance companies of 6 those treated by municipal public safety personnel frequently deny payment for emergency 7 medical services when they are billed by a municipality. 8 Thus, when a municipal public safety agency provides first response medical assistance, they 9 commonly do so at the expense of local property taxpayers. While emergency responses are 10 legitimate functions of municipal public safety departments, the costs of providing services to 11 non-residents should not be borne by the community's taxpayers. 12 Response: Cities should be compensated for emergency responses they provide to non- 13 residents. They should have the authority to bill for the full cost of fire and ambulance 14 services they provide, and to collect on unpaid bills. Finally, auto insurance policies should 15 be required to insure for the cost of emergency responses. 16 Further,while emergency medical responses are legitimate functions of municipal public 17 safety departments,the costs of providing emergency medical care to individuals should be 18 covered by insurance and not be borne exclusively by the community's taxpayers. Cities 19 should have the authority to bill for the full cost of first responder medical services they 20 provide and to collect on unpaid bills. Insurance companies should be required to 21 reimburse local governments for the full cost of providing these emergency medical 22 services. Finally, auto and homeowners insurance policies should be required to insure for 23 the cost of emergency medical responses. 24 D-36. Administrative Traffic Citations (AF) 25 Issue: Cities have implemented administrative enforcement programs for violations of local 26 regulatory ordinances, such as building codes, zoning codes,health codes, and public nuisance 27 ordinances. This use of administrative proceedings has kept enforcement at the local level and 28 reduced pressure on over-burdened district court systems. League of Minnesota Cities 2015 City Policies Page 44 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 The Legislature has repeatedly increased the fine surcharge on district court cases to generate 2 revenues for the state's general fund. The surcharge—the amount paid over and above the fine- 3 is now $75 per citation. The growth in the surcharge has dramatically increased the cost of 4 citations and has caused some to question whether the total of the fine and surcharge is 5 disproportionate for minor matters. To lower the amount imposed on their residents, a number of 6 cities have expanded their administrative programs to include some offenses traditionally heard 7 in district court, such as minor traffic offenses. 8 The increased state surcharges have not been used to assist local units of government with the 9 growing costs of enforcement and prosecution. No matter which entity—city, county or state- 10 issues a statutory citation, the violator pays between $115 and $127 for a minor speeding 11 violation. Of this amount, the city receives between $13 and $20, and the county receives just 12 slightly more. 13 Further, when a violator requests relief from paying the full amount of the fine and surcharge, the 14 courts have been more inclined to waive the fine than to reduce the surcharge. When this occurs, 15 the local units of government recover no costs even though the city has incurred expenses. 16 In 2009, the Legislature amended the statutes to allow administrative fines to be issued for 17 certain minor traffic offenses. Cities report that the short list of offenses noted in that law change 18 does not adequately address the needs of local law enforcement. Additional authority is 19 necessary to allow law enforcement officers to implement an effective program to reduce 20 violations. 21 Response: The League of Minnesota Cities continues to support the use of city 22 administrative fines for local regulatory ordinances, such as building codes,zoning codes, 23 health codes,public nuisance ordinances and regulatory matters that are not duplicative of 24 misdemeanor or higher level state traffic and criminal offenses. Cities should have the 25 authority to issue administrative citations for low-level moving and equipment violations 26 that: 1) would otherwise result in warnings, and 2) occur on roadways where the speed 27 limit is 45 miles per hour or less. Further, the League endorses the concept that, if the 28 recipient of an administrative penalty wishes to appeal the issuance of an administrative League of Minnesota Cities 2015 City Policies Page 45 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 fine for a violation before a disinterested third party, the party may opt to be issued a 2 standard traffic citation and appeal its issuance before the district court. 3 If state leaders choose not to expand the list of administrative traffic offenses, they should 4 then change the distribution of statutory violation fine revenues so that cities are 5 adequately compensated for enforcement and prosecution costs. 6 SD-37. Juveniles in Municipal Jails (AF) 7 Issue: Municipal jails have long served as holding facilities for suspects who are being 8 questioned and/or booked, and for those awaiting transfer to a county jail or juvenile detention 9 facility. In 2012, the Minnesota Department of Corrections (DOC) issued a reinterpretation of an 10 existing law to say that, "[W]here counties have secure juvenile correctional facilities...juveniles 11 are not allowed to be held in jail and/or municipal lock-ups for any length of time." 12 This interpretation is in conflict with a provision in Minn. Stat. § 260B.181, subd. 4, which 13 provides that juveniles can be held in a licensed juvenile facility for up to six hours. Many 14 municipal jails, including those in counties where juvenile detention facilities exist,have been 15 operating under the six-hour holding law. 16 Managers of municipal jails indicate the reinterpretation of the law is contrary to common 17 practice and presents significant challenges for municipal law enforcement personnel. 18 Response: The League of Minnesota Cities supports a statutory clarification that would 19 allow juveniles to be held for questioning and booking in licensed jail facilities for up to six 20 hours, regardless of whether the county has a juvenile detention facility. 21 SD-38. Justice System Funding (AF) 22 Issue: Over the past several years, Minnesota's justice system has operated under consecutive 23 budget shortfalls. Public service windows are closed part of each week in many courthouses. 24 Delays in case filings, hearings and dispositions are building throughout the state as staff and 25 judges struggle to keep up with caseloads. The budget shortfalls limit the ability of the courts to 26 process cases pertaining to shoplifting, trespassing, worthless checks, traffic and ordinance League of Minnesota Cities 2015 City Policies Page 46 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 violations,juvenile truancy, runaways and underage drinking, consumer credit disputes, 2 property-related and small civil claims, and many other cases. Timely processing of these cases 3 is critical to keeping communities safe and to preserving the quality of life residents expect. 4 The State Court Administrator has advocated for statutory changes that have resulted in 5 efficiencies and cost savings while preserving core services. These changes involve 6 consolidating services where practicable and using technology to reduce costs. They include 7 centralized payable processing, use of e-citations and restructuring of state mandated programs. 8 Response: The League of Minnesota Cities supports a statement by former Chief Justice 9 Eric J. Magnuson that calls for "an adequately funded,functioning justice system that 10 resolves disputes promptly in order to ensure the rule of law,protect public safety and 11 individual rights and promote a civil society." The League supports the use of technology to 12 reduce costs and preserve services. The League opposes any changes that would 13 decriminalize local ordinances,petty misdemeanors or misdemeanor offenses, or that 14 would make prosecution of these crimes more difficult. 15 5D-39. Homeland Security Costs and Liability (AF/LZ) 16 Issue: The federal government's response to terrorism has resulted in new responsibilities for 17 local governments in a number of areas. For example, shortly after the terrorist attacks on Sept. 18 11, 2001, the federal government tapped local law enforcement personnel to provide security and 19 perform screening at our nation's airports. These new responsibilities increase cities' liability 20 exposure and result in higher local costs for public safety services. In addition, local 21 governments are expected to continue emergency planning and capacity building efforts,provide 22 additional training and equipment for first responders, and improve emergency response 23 coordination and communication. 24 As partners in protecting our country from terrorism, the federal government must: 1)provide 25 greater direct financial support for our first responders; 2)maintain funding for general pre- and 26 post-disaster emergency management programs; 3) ensure a coordinated and effective 27 national emergency response system.-; and 4) address issues of cyber security that threatenup blic 28 safety, services, and infrastructure. League of Minnesota Cities 2015 City Policies Page 47 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: The League of Minnesota Cities recommends that when the federal government 2 requires or contracts for cities' assistance in meeting federal homeland security 3 responsibilities, the federal government should fully cover the costs,including the risk of 4 liability arising from these activities. 5 The League supports greater federal funding to prepare, train, and equip our first 6 responders. The League also supports changes in the federal funding process to ensure 7 Department of Homeland Security funds move quickly to the local level. Furthermore, the 8 League supports the allocation of state resources to provide training and technical 9 assistance to local governments related to the prevention and control of cyber security risks 10 to critical infrastructure. 11 SD-40. Immigration Reform (AF) 12 Issue: The United States and the State of Minnesota have long traditions of welcoming 13 immigrants. Immigrants strengthen Minnesota by contributing to the state's economy, enhancing 14 cultural resources, and participating in efforts to build strong communities. 15 According to the National League of Cities, roughly 35 percent of undocumented immigrants 16 have lived in the United States for 10 years or more. Approximately 1.6 million undocumented 17 immigrants are children, and another 3.1 million children in the United States have at least one 18 undocumented parent. These families are forced to live "underground" and are unable to get 19 drivers' licenses or car insurance in most states. In addition, they are unlikely to obtain health 20 insurance and are afraid to report crimes to local law enforcement. 21 Since immigrants are barred from most federal public assistance, the burden of providing social 22 services, education, and health care falls to state and local governments that are increasingly 23 feeling the financial impact of both legal and illegal immigrants living in their communities. 24 Response: The League of Minnesota Cities, together with the National League of Cities, 25 urges Congress to move quickly to enact and enforce effective immigration laws. 26 Federal and state governments must not transfer responsibility for enforcing U.S. 27 immigration laws to local personnel, including police officers, firefighters, educators, health League of Minnesota Cities 2015 City Policies Page 48 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 professionals, and social service employees. Finally, federal and state governments must not 2 prohibit local units of government from implementing policies aimed at fostering positive 3 relationships between local government officials,including law enforcement personnel, and 4 immigrant communities. 5 5D-41. Racial Profiling (AF) 6 Issue: The League of Minnesota Cities recognizes that where profiling by law enforcement 7 officials exists, it must be eliminated. The League supports action by the State of Minnesota to 8 fund and implement effective and meaningful responses to racial profiling that will effectuate 9 fair treatment of all people regardless of age, race or ethnicity. 10 Response: The League of Minnesota Cities supports efforts to ensure that all interventions 11 initiated by law enforcement officials be based on an objective demonstration of probable 12 cause to believe that a law has been violated. A law enforcement official's decision to stop, 13 question or detain individuals will be based solely on a reasonable suspicion of illegal 14 activity and without consideration of age, race or ethnicity. The League supports training 15 programs to support these goals and recommends that the state develop, fund, and present 16 such training programs to all law enforcement agencies in the state. 17 The League supports objective,well-formulated statistical sampling by third parties under 18 the auspices of a state-funded study to document and analyze law enforcement 19 interventions, coupled with an effective means to sanction any documented instances of 20 inappropriate treatment of citizens. Additionally,the League supports state funding for 21 video cameras in police cars as an incentive for voluntary local participation in data 22 collection efforts aimed at identifying patterns of profiling. 23 SD-42. Legalization of Fireworks (AF) 24 Issue: In 2002, the state enacted a law allowing the sale and use of non-aerial, non-explosive 25 consumer fireworks, including sparklers,party poppers, snakes, and other novelty items- 26 relaxing the ban on consumer fireworks in place in Minnesota since 1941. In 2008, the League of Minnesota Cities 2015 City Policies Page 49 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Legislature further relaxed the ban by increasing the amount of explosive material allowed in 2 legal fireworks. 3 Local fire service professionals have reported that consumers and law enforcement personnel 4 have had difficulty distinguishing between legal and illegal fireworks, and that the 2002 law 5 resulted in greater use in Minnesota of illegal fireworks purchased in other states. 6 According to data provided by the Minnesota State Fire Marshal Division, injury trends and 7 dollar losses related to fireworks incidents surged after the consumer fireworks ban was lifted. 8 Hospital reports reveal that the annual number of injuries caused by fireworks rose dramatically 9 in 2002 and remains elevated. Likewise, Minnesota Fire Incident Reporting System records show 10 that the annual dollar loss resulting from fireworks incidents increased significantly in 2002 and 11 has since grown. 12 In 2003, the state enacted a number of provisions limiting local authority pertaining to fireworks 13 sales. The 2003 law caps the allowable municipal permit fee at $100 per vendor selling fireworks 14 with other products, and $350 per vendor selling fireworks exclusively. The law restricts cities 15 from requiring fireworks sellers to purchase additional liability insurance. Finally, the 2003 law 16 states that cities cannot prohibit or restrict the display of consumer fireworks if the display and 17 structure complies with National Fire Protection Association (NFPA) Standard 1124. The NFPA 18 is a private international association of individuals and trade and professional organizations. 19 (NFPA Standard 1124 is not a public document and is available only for a fee.) 20 Fireworks products can cause serious injuries and fire loss. The legal sale of consumer fireworks 21 undermines fire prevention efforts. The sale and use of consumer fireworks increases local public 22 safety enforcement, emergency response, and fire-suppression costs. 23 Response: The League of Minnesota Cities opposes legislation that would further relax the 24 ban on the sale and use of consumer fireworks. The League supports a repeal of the 2002 25 law that relaxes the ban on the sale and use of consumer fireworks. 26 Fees are needed to cover the costs associated with compliance checks, education, and 27 inspections relating to the sale of a regulated product. The current fee caps do not allow 28 cities to recover these costs. The League supports allowing cities to establish and impose League of Minnesota Cities 2015 City Policies Page 50 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 reasonable fees on retailers that sell fireworks. The League opposes restrictions on 2 requiring fireworks retailers to purchase additional liability insurance. Finally,the League 3 seeks repeal of the NFPA reference. 4 SD-43. Traffic Enforcement Cameras (AF) 5 Issue: Drivers who disobey traffic laws can cause serious traffic accidents and contribute to 6 gridlock. In spite of the severity of this problem, cities cannot always afford the levels of peace 7 officer enforcement that residents demand. The technology exists to enforce traffic laws with 8 photographic evidence. For example,there is less running of red lights when motions imaging 9 recording systems (MIRS) are installed at traffic signals. 10 Response: Local law enforcement agencies should have the express authority to use photo 11 enforcement technology to enforce traffic laws. Local law enforcement officers should have 12 the express authority to issue citations for traffic violations by mail where the violation is 13 detected with photographic evidence. 14 SD-44. Operation of Motorized Foot Scooters (AF) 15 Issue: Current state statute pre-empts the authority of local units of government to regulate the 16 operation of motorized foot scooters. The law provides that an operator must be 12 years of age 17 or older. Although the law contains safety provisions, including a requirement that operators 18 under the age of 18 must wear helmets, it does not require training or permits for operators of 19 any age. Further,it does not explicitly restrict the operation of motorized foot scooters to low- 20 volume and/or low-speed roadways. 21 Use of motorized equipment on roadways is inherently more dangerous than the use of non- 22 motorized bicycles and is comparable to the operation of motorized watercraft. While the law 23 governing watercraft operation also requires an operator to be at least 12 years of age, Minn. 24 Stat. § 86B.101 requires watercraft operators between the ages of 12 and 18 to successfully 25 complete a youth watercraft safety program and to obtain a watercraft operator's permit. The 26 youth watercraft safety program is administered by the state, and includes a personal watercraft 27 educational course and a testing program that emphasizes safe and legal operation. League of Minnesota Cities 2015 City Policies Page 51 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: State law should limit operation of motorized foot scooters to roadways with 2 speed limits of 30 miles per hour or less. State law should require motorized foot scooter 3 operators between the ages of 12 and 18 to obtain an operator's permit by successfully 4 completing a state-administered motorized foot scooter safety program modeled after the 5 watercraft safety program. In addition, state law should allow local units of government to 6 be more restrictive in regulating the operation of motorized foot scooters, and should 7 provide explicit authority to regulate hours of use. 8 SO-45. Electric Personal Assistive Mobility Devices and Electric Vehicles 9 Operation While Impaired (AF) 10 Issue: Electric personal assistive mobility devices (commonly referred to as Segways) and 11 electric vehicles are becoming increasingly popular modes of transportation, particularly for 12 local trips.The definitions of these types of vehicles are provided under Minn. Stat. § 169.011 as 13 follows: 14 • 'Electric personal assistive mobility device" means a self-balancing device with two 15 nontandem wheels, designed to transport not more than one person, and operated by an electric 16 propulsion system that limits the maximum speed of the device to 15 miles per hour. 17 - "Electric vehicle" means a motor vehicle that is able to be powered by an electric motor 18 drawing current from rechargeable storage batteries, fuel cells, or other portable sources of 19 electrical current, and meets or exceeds applicable regulations in Code of Federal Regulations, 20 title 49, part 571, and successor requirements. Electric vehicles include neighborhood electric 21 vehicles,medium-speed electric vehicles and plug-in hybrid electric vehicles. 22 Although the state driving while impaired (DWI) law (Minn. Stat. § 169A.20) prohibits a person 23 with a blood alcohol level (BAC) above .08 from operating a motor vehicle,boat or off-road 24 vehicle, the Minnesota Court of Appeals recently held that such devices are not motor vehicles 25 for purposes of Minnesota's DWI laws (State v. Brown, 801 N.W. 2d 186 (Minn. Ct. App. 26 2011). The court's decision makes it difficult for local officials to prosecute a person who is 27 threatening public safety by operating an electric personal assistive mobility device or an electric 28 vehicle while impaired. League of Minnesota Cities 2015 City Policies Page 52 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: The League of Minnesota Cities supports an expansion of the current DWI law 2 so that it applies to a person operating an electric personal assistive mobility device or an 3 electric vehicle. 4 5D-46. Methamphetamine (AF) 5 Issue: The production and abuse of methamphetamine (meth) continues to be a problem for 6 communities across Minnesota. Cities are facing serious issues pertaining to meth, including 7 costly cleanup of drug labs, and the social problems and public safety issues resulting from meth 8 abuse. To meet the challenges presented by the growing meth problem, cities are working with 9 retailers to monitor the sale of precursor ingredients, and are coordinating with other units of 10 government on the impact on communities. 11 Response: The Legislature and state agencies must: 12 a) Provide sufficient funding to assist local units of government with cleanup of drug 13 labs. 14 b) Allow local governments to be more restrictive in the development of ordinances at 15 the city and county level to appropriately address the needs of their communities. 16 c) Support public education on methamphetamine,including information to local 17 government officials, retailers, schools, and health care providers. 18 d) Provide training, equipment, standards, and support sufficient to allow local law 19 enforcement and other responders to safely perform their duties. 20 STS-47. Drug Paraphernalia (AF) 21 Issue: Cities throughout the state struggle with local businesses selling items primarily designed 22 to enable illegal drug use. Current state law only prohibits use, possession, delivery, and 23 advertisements of drug paraphernalia. The law inadequately defines the term "drug 24 paraphernalia," and leaves cities to pass more effective ordinances "prohibiting or otherwise 25 regulating the manufacture, delivery, possession, or advertisement of drug paraphernalia." 26 Many cities have adopted their own ordinances to regulate drug paraphernalia, including 27 specifically prohibiting sales. But for a variety of reasons,business owners routinely challenge League of Minnesota Cities 2015 City Policies Page 53 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 these ordinances as unconstitutional and then successfully invoke virulent public outcry on that 2 basis. This experience—along with costly court challenges—discourages other cities from taking 3 similar steps to curb illegal drug activity, and leaves most cities only able to enforce an 4 inadequate state law. 5 Most states immediately around Minnesota define "drug paraphernalia" in a detailed way based 6 on a 1979 model federal law designed to avoid constitutional issues. Minnesota does not. Federal 7 law and the law of half the states immediately around Minnesota explicitly ban sales of drug 8 paraphernalia,but Minnesota does not. The current state of the law arguably makes drug 9 paraphernalia easier to obtain in Minnesota than in the states immediately surrounding it. 10 Response: The League of Minnesota Cities supports strengthening the current statutory 11 prohibition on drug paraphernalia, including improving the statutory definition of"drug 12 paraphernalia" and explicitly prohibiting sales. 13 SD-48. Regulation of Massage Therapists (AL) 14 Issue: The state does not currently license or register massage therapists. Massage therapists are 15 regulated under Minn. Stat. ch. 146A, which identifies prohibited provider conduct and 16 authorizes the Department of Health to take disciplinary action against noncompliant providers. 17 However, funds for these purposes have been limited. 18 In order to control prostitution and to provide for health and sanitation standards, several cities 19 have entered the traditional state domain of health-care licensure by enacting ordinances that 20 require all massage therapists to obtain a local professional license. These ordinances help local 21 law enforcement officers to differentiate between legitimate providers and prostitution 22 businesses fronting as massage therapy establishments. 23 Response: The League of Minnesota Cities supports the statewide registration or licensure 24 of massage therapists in order to aid local law enforcement efforts to control prostitution 25 and other criminal activity. The League opposes legislation that would pre-empt the ability 26 of cities to regulate massage therapy establishments, except that cities should not have the 27 authority to require local licensing for individual massage therapists working under the League of Minnesota Cities 2015 City Policies Page 54 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 direction of a licensed medical professional. The League supports the provision in Minn. 2 Stat. ch. 146A and calls for legislation that would allow cities to prosecute violations of 3 Minn. Stat. ch. 146A. 4 The League also supports legislation pertaining to the practice of massage therapy that 5 accomplishes the following: 6 a) Helps cities establish legitimacy of providers applying for a local license to practice. 7 b) Prevents individuals from conducting criminal activities such as prostitution out of 8 establishments operating as massage therapy facilities. 9 c) Improves provider compliance with Minn. Stat. ch. 146A. 10 d) Protects the public from injury and from other conditions that may result in harm. 11 SD-49. Lawful Gambling and Local Control (AL) 12 Issue: As part of the 2009 reforms to lawful gambling statutes, some local control was removed 13 from the lawful gambling process. Previously, the lawful gambling licensee would have to 14 obtain the city council's approval as part of its application to renew the organization's premises 15 permit (some forms of lawful gambling require obtaining an organizational license and a 16 premises permit(s) from the state). This step was removed when the state established a perpetual 17 organizational license and premises permitting system. Because these licenses and permits are 18 issued by the state, under the current system a city's authority over these licensees is limited to: 19 1) approval of the initial premises permit; and 2) enforcement of the city's lawful gambling 20 ordinance. Some city officials have concerns that gambling organizations will be more apt to 21 ignore local regulations (such as spending the required percentage of lawful gambling 22 expenditures in the city's trade area) if they don't need the city's approval for the renewal of 23 their state-issued premises permits. 24 Response: The licensee should be required to obtain local approval on an annual basis, or 25 at longer intervals as determined by the city, and file the resolution of local approval with 26 the Gambling Control Board. League of Minnesota Cities 2015 City Policies Page 55 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-50. Liquor Liability Insurance Limits (AF/AL) 2 Issue: Minn. Stat. § 340A.409 requires that"no retail license may be issued, maintained or 3 renewed unless the applicant demonstrates proof of financial responsibility with regard to 4 liability imposed by Minn. Stat. § 340A.801"relating to the sale of alcoholic beverages. The 5 minimum limits of liability currently in statute require $50,000 of coverage because of bodily 6 injury to any one person in any one occurrence, $100,000 because of bodily injury to two or 7 more persons in any one occurrence, $10,000 because of injury to or destruction of property of 8 others in any one occurrence, $50,000 for loss of means of support of any one person in any one 9 occurrence, $100,000 for loss of means of support of two or more persons in any one occurrence, 10 $50,000 for other pecuniary loss of any one person in any one occurrence, and $100,000 for 11 other pecuniary loss of two or more persons in any one occurrence. These limits have not been 12 updated since at least 1985 and would provide very little relief to persons impacted by an 13 intoxicated person. While cities can choose to require higher limits of liability than required by 14 statute, it may create competitive imbalance between communities if the limits are not consistent. 15 Response: The minimum limits in Minn. Stat. § 340A.409 should be increased to $500,000 16 per occurrence with a $500,000 annual aggregate. 17 SD-51. On-Sale Liquor or Wine Licenses to Cultural Centers (AL) 18 Issue: Cultural centers are not one of the qualifying entities to which municipalities may issue 19 on-sale liquor or wine licenses. Several cultural centers have received special legislation that 20 allows their municipalities to issue on-sale liquor or wine licenses to them. This practice 21 interferes with the ability of municipalities to control the placement and operating manner of 22 these entities. In 2003, performing theaters were added to the list of establishments to which 23 municipalities may issue on-sale liquor or wine licenses, and in 2011, auto speedways were 24 included,but to date cultural centers have not been added. 25 Response: The Legislature should authorize municipalities to issue on-sale liquor or wine 26 licenses to cultural centers, subject to restrictions imposed by the municipality. League of Minnesota Cities 2015 City Policies Page 56 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 STS-52. Wine and Off-Sale Licenses (AL) 2 Issue: Minn. Stat. ch. 340A authorizes cities to issue liquor licenses to various establishments 3 within their jurisdictions,but in virtually all cases, the license issued by the city is not valid until 4 the state approves it. This is true for such commonly issued licenses as wine, off-sale 5 intoxicating liquor and temporary on-sale intoxicating liquor licenses. The result is extra time 6 spent for city staff, as well as a time-based commercial impact to the business pursuing the 7 original license. It represents unnecessary duplication of effort by the state, and can be a severe 8 economic burden upon the liquor industry in the event of a state shutdown as demonstrated in 9 2011. 10 Response: The Legislature should remove the requirement of approval by the 11 commissioner for city-issued liquor licenses and simply require cities to notify the state of 12 newly issued and renewed licenses as is already the case for intoxicating on-sale liquor 13 licenses and all 3.2-liquor licenses. 14 SD-53. Conditions for Liquor Licenses(AL) 15 Issue: Cities have the ability to issue liquor licenses in Minnesota as the lead policing 16 organization in urban areas. Minn. Stat. § 340A.415 lists conditions under which a liquor license 17 may be revoked or suspended, including failure to comply with"an applicable statute, rule or 18 ordinance relating to alcoholic beverages." Therefore, cities may clearly issue liquor licenses 19 subject to terms and conditions provided in ordinance, which if violated will result in revocation 20 or suspension. But cities also impose conditions on individual licenses on a case by case basis, 21 both before issuing the license, and, if further unforeseen issues of health, safety, or welfare arise 22 out of a particular licensee, after issuing the license. 23 A recent court of appeals decision denies a city has the ability to stipulate conditions on a local 24 establishment's already-issued liquor license. See, In the Matter of the On-Sale Liquor License, 25 Class B Held by T. J. Management of Minneapolis d/b/a Gabby's Saloon and Eatery, 763 N.W. 26 2d 359 (Minn. Ct. App. 2009). The opinion also brings into question the ability of a city to 27 impose non-ordinance provided conditions on an individual liquor license at the time of issuance. League of Minnesota Cities 2015 City Policies Page 57 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: The Legislature should recognize a city's need to place conditions on a liquor 2 license in order to address local circumstances and to better protect the public. Minn. Stat. 3 §340A.415 must be changed so that reasonable conditions may be imposed uniquely to a 4 given liquor licensee whether the license has already issued or not and without passing an 5 ordinance laying out the terms and conditions for that particular licensee. 6 SD-54. Youth Access to Alcohol and Tobacco (AL) 7 Issue: The minimum age to purchase alcohol in Minnesota is 21. The minimum age to purchase 8 tobacco in Minnesota is 18. The minimum age to sell alcohol and tobacco products in Minnesota 9 is 18. The penalty for a minor or underage person using false identification is 90 days in jail 10 and/or up to $1,000. Cities have an interest in preventing youth from obtaining these products. 11 To this end,many cities operate compliance check programs in an effort to discern the current 12 level of youth access and to reduce youth access. Statewide, a number of cities have created 13 community partnerships with their court systems, local businesses, and school districts to quickly 14 address problems associated with youth access to alcohol and tobacco. 15 Response: The League of Minnesota Cities opposes any proposal that could result in 16 increased risks of youth access to alcohol and tobacco products and expanded off-sale 17 venues for the sale of such products. The League supports the sale of alcohol and tobacco 18 products only in controlled environments. The League supports statutory changes that 19 assist in reducing youth access to alcohol and tobacco products,including increasing the 20 penalties for youth who use false identification and adults who provide alcohol to minors. 21 The League supports locally-determined alcohol compliance check programs, but any state 22 mandate for alcohol compliance checks should come with state-supported funding 23 initiatives to support these locally-determined compliance efforts. The Legislature should 24 consider a grant program supporting locally-based community partnerships that can 25 quickly and effectively respond to youth access problems. League of Minnesota Cities 2015 City Policies Page 58 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-55. Smoking Ban Ordinances (AL) 2 Issue: In 2007, the Legislature extended the Minnesota Clean Indoor Air Act (MCIAA) to cover 3 all workplaces, including restaurants and bars. The law sets a floor with minimum standards and 4 allows local governments to implement more restrictive ordinances. 5 In recent years, the popularity and use of electronic cigarettes (e-cigarettes) has increased 6 significantly. There is much that is unknown about the health impacts of e-cigarettes which has 7 slowed government regulation of their sale and use. Because of concerns over potential health 8 impacts eefeen+s and the euffeFA-lack of comprehensive state and federal regulation, cities have 9 passed been pass ,,-ordinances on an individual basis restricting the sale of e-cigarettes to 10 minors and prohibiting their use in public places. 11 In 2014, the Legislature passed regulations on the sale of e-cigarettes to mirror existing cigarette 12 sale regulations including prohibiting sale to minors. It also passed a law prohibitinguse se in 13 public buildings owned and operated by the State of Minnesota and all political subdivisions. 14 The Legislature did not ban indoor use in all workplaces. 15 , they are not r-egalated by 16 Food and Pi-ag Administfa-fien. 17 , 18 20 Response: Many cities have already passed ordinances banning the use of e-cigarettes in all 21 public places. To ensure some uniformity and consistency across the state, the Legislature 22 should regulate e-cigarettes rounder the MCIAA while preserving the ability of 23 local governments to enact more restrictive ordinances. 24 SLS-56. Regulation of Food Trucks (AL/PH) 25 Issue: Minnesota has seen a sharp increase in the number of food trucks (Mobile Food Units) 26 operating throughout the state. Food trucks are licensed as food and beverage service League of Minnesota Cities 2015 City Policies Page 59 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 establishments by the Minnesota Department of Health (MDH) or by local jurisdictions pursuant 2 to an MDH delegation agreement. Food trucks are prohibited from operating in the same location 3 for more than 21 days without approval of the regulatory authority. The transient nature of food 4 trucks presents unique challenges to traditional city zoning and permitting and may create an 5 unfair competitive advantage over traditional restaurants that pay property taxes and generate 6 income for a city. Cities also make significant investments in the development of retail districts 7 and downtowns and have a strong interest in maintaining a level playing field for brick and 8 mortar establishments. 9 Response: It is appropriate for food trucks to be licensed by MDH or its designees in the 10 same manner as other food and beverage service establishments. Such state regulation 11 must not preempt the ability of local governments to enact reasonable time and place 12 restrictions on the operation of food trucks within their jurisdictions. 13 SD-57. Environmental Protection (CJ) 14 Issue: Cities demonstrate strong stewardship for the protection and preservation of the 15 environment. Minnesota municipalities have historically been the leading funding source for 16 environmental protection and improvements. Municipal efforts include environmental protection 17 through wastewater treatment, wetland restorations, stormwater treatment,public utility emission 18 reductions, brownfield cleanup, safe drinking water programs, as well as others. 19 At some point,however, the diminishing or nonexistent environmental benefit received from 20 additional efforts is fiscally irresponsible. The programs are often improperly designed to meet 21 their stated goals. Additionally, the absence of funding by the state and federal government has 22 removed an essential restraining feature in program design and implementation. Agencies are 23 less accountable to the governments that mandate environmental programs when they do not 24 have to find the money to implement the programs. 25 Specific problems faced by cities include: 26 a) New programs or standards are continually adopted without regard to the existence, 27 attainability or cost of existing programs and standards. League of Minnesota Cities 2015 City Policies Page 60 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 b) Regulatory bodies fail to consistently use good science and the most current and accurate 2 data when establishing water quality standards. 3 c) Regulatory bodies impose new permit requirements without going through rulemaking. 4 Instead,the agencies rely on internal documents, program strategies, and"best professional 5 judgment of staff'when setting permit criteria. 6 d) Regulatory bodies approve permits and programs that compete with traditional municipal 7 services and encourage urban sprawl. This behavior puts at risk the public investments and 8 growth management efforts cities have made when planning for future development. 9 e) Permit fees and other cost-transfer elements of federal and state programs do not provide 10 an incentive for environmental agency efficiency,policy prioritization or risk assessment. 11 Additionally, all residents of the state contribute to the need for wastewater, drinking water, 12 and stormwater treatment and benefit from the resulting improved water quality. These 13 factors make the state general fund an appropriate source for significant portions of state 14 water program funding. 15 f) Third-party environmental advocacy groups create significant hardships on cities by 16 threatening litigation even when hard science may not support the groups' positions. 17 g) Cities are often required to pay the cost of removing problem materials from the waste 18 stream,rather than preventing the problem at the consumer product or manufacturing level. 19 Response: Alternative wastewater treatment and cooperative service systems should be 20 prohibited from operating in areas that can reasonably and effectively be served by 21 existing municipal systems, unless: 22 a) The municipal system is proven to be substantially less cost-effective and 23 substantially less beneficial to the environment. 24 b) The operation of these systems will not create a stranded public investment in the 25 existing system. 26 Sufficient state and federal financial assistance should be provided to local governments 27 when complying with state and federal infrastructure requirements,particularly with 28 regard to wastewater, stormwater, and drinking water facilities. League of Minnesota Cities 2015 City Policies Page 61 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 The Minnesota Pollution Control Agency (MPCA) should streamline its permitting and re- 2 issuing processes to allow for effluent standards and permit requirements to be known 3 earlier,thereby giving communities more time to defend against contested case hearings. 4 The Legislature should require the MPCA to make its determination regarding permit- 5 required submittals,permit modifications, and the reissuance of a permit within a 6 reasonable set time period, and require the MPCA to make its determinations and reissue 7 the permit within that reasonable set time frame. 8 The state should ensure townships are required to meet the same environmental protection 9 and regulatory requirements as cities. 10 Legislation should be passed that requires state agencies to establish permit requirements 11 only when the criteria they are using is developed through the rule-making process. 12 State agencies need to develop science-based standards and quantify new effluent 13 standards, ensuring that they are scientifically and economically practicable. State and 14 federal agencies should coordinate and integrate their monitoring data to assure that all 15 pertinent data is available and utilized. 16 The state general fund is an appropriate source for state water program funding. 17 Municipal water permit fees should only be increased if new revenue is needed because of 18 increased costs of processing municipal water permits or if the funds would go for specific 19 scientific research,technical and financial support for cities, or agency staffing needed by 20 cities to address environmental and public health concerns, not as a means to generate new 21 revenue to cover other budget shortfalls. 22 The Legislature should create effective,producer-led reduction, reuse, and recycling 23 programs to deal with a product's lifecycle impacts from design through end-of-life 24 management and should regulate products and compounds that damage water quality, 25 sewer collection, stormwater or wastewater treatment systems at the consumer and 26 manufacturing levels, not just at the treatment and infrastructure maintenance level. League of Minnesota Cities 2015 City Policies Page 62 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 D-58. Impaired Waters (CJ) 2 Issue: Despite the billions of dollars that Minnesota municipalities have invested and continue to 3 invest in wastewater and stormwater management systems, and best management practices to 4 protect, preserve, and restore the quality of Minnesota's surface waters, the quality of some of 5 Minnesota's surface waters does not meet federal water quality requirements. The federal Clean 6 Water Act requires that further efforts be made by the state to reduce human impacts on surface 7 waters that are determined to be impaired due to high pollutant loads of nutrients,bacteria, 8 sediment, mercury, and other contaminants. Scientific studies of these waters must be conducted 9 to determine how much pollution they can handle (Total Maximum Daily Loads, or TMDLs). 10 The pollutant load reduction requirements will affect municipal, industrial, and agricultural 11 practices and operations along any river, stream or lake determined to be impaired. While the 12 sources of 86 percent of the pollutants affecting Minnesota waters are non-point sources, there 13 will also be new costs and requirements for point-source dischargers, like municipal wastewater 14 treatment facilities. Municipal stormwater systems will also face increased protective 15 requirements and regulation as part of the state's impaired waters program. 16 Response: The League of Minnesota Cities will work actively with the administration, the 17 Legislature, and other stakeholders in the design and implementation of Minnesota's 18 impaired waters program to: 19 a) Ensure equitable funding solutions are found, such as the state general fund or 20 bonding,that broadly collect revenue to address this statewide problem. 21 b) Support legislative appropriation of constitutionally dedicated clean water revenues 22 that will supplement traditional sources of funding for these purposes, not be used to 23 cover budget cuts,backfill past program reductions, or to otherwise supplant normal 24 state spending on water programs. 25 c) Direct the majority of funds collected by the state for impaired waters into 26 programs that fund municipal wastewater and stormwater projects, and for state 27 programs needed for municipal wastewater and stormwater permitting and technical 28 support, including the Clean Water Revolving Loan Fund,Wastewater Infrastructure 29 Fund, Phosphorus Reduction Grant Program, TMDL Grants Program, Small League of Minnesota Cities 2015 City Policies Page 63 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Community Wastewater Treatment Grant and Loan Program, and other state 2 programs that provide financial resources for city wastewater treatment facilities, 3 septic tank replacement, stormwater management projects, and other city water quality 4 improvement and protection projects. 5 d) More adequately cover the current five-year wastewater infrastructure funding 6 need projection of more than $1.65 billion. 7 e) Recognize and address the upcoming costs of stormwater management 8 infrastructure and operation on municipalities from new regulatory mandates and load 9 reduction requirements. 10 f) Allow flexibility in achieving pollutant load reductions and limitations through 11 offsets or trading of pollutant load reduction credits for both point and non-point load 12 reduction requirements within watersheds. 13 g) Recognize and credit the work underway and already completed by local units of 14 government to limit point and non-point source water pollutant discharges. 15 h) Recognize the diversity of efforts and needs that exists across the state. 16 i) Ensure the best science available is used to accurately determine the sources of 17 pollutant load in order to maximize positive environmental outcomes and minimize 18 unnecessary regulatory and financial burdens for cities by correctly accounting for and 19 addressing agricultural and other non-point pollutant sources. 20 j) Ensure the state requires that the MPCA retain control of the TMDL development 21 process and that all scientific research related to TMDLs is conducted by the MPCA or 22 qualified, objective parties pursuant to state contracting, procurement, and conflict of 23 interest laws. 24 k) Clarify state water quality mandates so cities know specifically what they are 25 required to do and what methods of achieving those outcomes are acceptable to state 26 and federal regulators. 27 SIS-59. Urban Forest Management Funding (CJ) 28 Issue: Urban forests are an essential part of city infrastructure. Dutch elm disease, oak wilt 29 disease, drought, storms, and emerald ash borer threaten our investment in trees. The costs for 30 control and removal can be catastrophic and put pressure on city budgets. The Minnesota League of Minnesota Cities 2015 City Policies Page 64 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Department of Natural Resources, through its Urban and Community Forestry program, and the 2 Minnesota Department of Agriculture, through its Shade Tree and Invasive Species program, 3 currently have regulatory authority to direct tree sanitation and control programs. Although these 4 programs allow for addressing some tree disease, pest, and other problems, funding levels have 5 been inadequate to meet the need of cities to build capacity for urban tree programs and respond 6 to catastrophic problems. Cities share the goal of the state's Releaf Program—promoting and 7 funding the inventory,planning, planting, maintenance, and improvement of trees in cities 8 throughout the state. In addition, economic gains for stormwater management, tourism, 9 recreation, and other benefits must be protected from tree loss. A lack of timely investment in 10 urban forests costs cities significantly more in the long run. 11 Response: The League of Minnesota Cities supports funding from the general fund or other 12 appropriate state funds for a state matching grant program to assist cities with building 13 capacity for urban forest management and meeting the costs of preparing for, and 14 responding to, catastrophic urban forest problems.Additionally, the League supports 15 reinstatement of the Minnesota Releaf Program, through the Legislative and Citizens' 16 Commission on Minnesota Resources (LCCMR),with an increased appropriation that can 17 better address the needs of building capacity and managing urban forests across the state. 18 SD-60. Election Issues (AL) 19 Issue: Cities play an important role in administering state and federal election law and 20 conducting voting activities. 21 Response: In order to strengthen the effectiveness of local election administration,the 22 Legislature should: 23 a) Seek the input of cities, townships, counties, and school districts on proposed 24 changes to voter registration and election law; 25 b) Expedite court action to resolve candidate eligibility related to residency in errors 26 and omissions proceedings; 27 c) Eliminate redundant audio testing of AutoMARK voting equipment by election 28 judges in precinct polling places on Election Day; League of Minnesota Cities 2015 City Policies Page 65 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 d) Repeal requirements for precinct election judges to count blank ballots in each 2 shrink-wrapped ballot package as they are opened in the polling place; MW 3 e) Shorten the deadline for major political parties to provide lists of persons interested 4 in serving as election judges to election officials to within one month (30 days) following 5 precinct caucuses; and: 6 f) Allow cities the option of certifying primary elections results within three days of the 7 election instead of waiting until the third day. 8 SIS-61. Early Voting (AL) 9 Issue: Minnesota now allows no-excuse absentee voting by mail and in-person and many 10 Minnesotans consider the current in-person absentee voting system a-&-"early'-' voting". though 11 there are significant administrative differences between the two voting systems. After the voter 12 has completed their absentee ballot, it is placed in a sealed envelope to be processed by elections 13 administrators after the voter has left.Many states ha-. e implemented .,,.t,,,,1 0.,,.1.,t,,.*;,,,. 14 pr-eeedufes for-in per-sonvefing and found them tembe a eest effeefive and effieient method to 15 serve the voter-s. Aq eafb,voting system eliminates many of the administ-r-ative eests Of the- 16 Early voting 17 allows the in-person voter the same experience as voting in their polling place on Election Day 18 by inserting their ballot into a ballot tabulator. If necessary, the voter is then able to correct 19 mistakes made by the voter when marking the ballot such as party cross-over voting in a primary 20 election or over-voting. These mistakes can be discovered by the ballot tabulator, the same as-a 21 mon Election Day. Election results are not known until the polls close on Election Day. 22 Additionally, no-excuse absentee voting has led to a significant increase in in-person absentee 23 balloting forcing cities administering in-person absentee balloting to operate city halls as polling 24 places beginning 46 days before Election Day, though the absentee ballots cannot be processed 25 until seven days before Election Day. An early voting system eliminates many of the 26 administrative costs of the current absentee ballot procedures. Many states have implemented 27 actual early voting procedures for in-person voting and found them to be a cost-effective and 28 efficient method to serve the voters. League of Minnesota Cities 2015 City Policies Page 66 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: The League of Minnesota Cities supports the adoption of legislation establishing 2 an early voting process. 3 D-62. Absentee Voting (AL) 4 Issue: Current law allows in-person absentee voting until 5:00 p.m. on the night before the 5 election. This does not leave adequate time for election officials to process absentee ballots and 6 mark polling place rosters to indicate which voters have already cast absentee ballots prior to the 7 opening of the polls on Election Day. Election officials are also faced with the additional task of 8 delivering supplemental roster lists of such voters to the polls before the polls open the next 9 morning. The current absentee voting process further requires that a supplemental list of final 10 absentee voters be delivered to the polls after the last mail delivery on Election Day and often 11 leads to administrative challenges and increased potential for errors in the process. 12 Response: The League of Minnesota Cities supports: 13 a) Establishing an earlier deadline for ending in-person absentee voting and then 14 utilizing an early voting system for in-person voting prior to Election Day; 15 b) Revising absentee ballot regulations to allow any person over 18 to witness the 16 absentee process and sign the envelope as a witness; and 17 c) Authorizing cities with health care facilities to schedule election judges to conduct 18 absentee voting at an earlier date in health care facilities. 19 SD-63. Felon Voting Rights Restoration (AL) 20 Issue: There is confusion as to when felon voting rights are restored, and notification of 21 restoration is inconsistent or nonexistent. While there were some changes made to data sharing 22 requirements between the Department of Corrections and the Office of the Secretary of State in 23 the 2013 legislative session, the process of notifying felons of their eligibility to vote was not 24 improved. This very often leads to challenges placed on Election Day rosters for felons who are 25 not eligible to vote and election judges must then challenge the voter and spend time and 26 resources determining a voter's eligibility. League of Minnesota Cities 2015 City Policies Page 67 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: The League of Minnesota Cities supports the restoration of voting rights to 2 felons once they have completed their term of incarceration. This will eliminate the 3 administrative burden of challenging voters at the polls and determining eligibility from 4 various jurisdictions. This will also eliminate the need for investigation by local law 5 enforcement of those who have unknowingly registered to vote or voted before their rights 6 were restored. 7 SD-64. Write-in Candidates in City Elections (AL) 8 Issue: For federal, state and county offices, write-in candidates are totaled together as one 9 number for write-in votes. If a candidate wants the write-in votes to be individually recorded, the 10 candidate must file a written request with the Secretary of State no later than seven days before 11 the general or special Election Day. This provides any declared write-in candidate the same 12 provisions for tabulation as a candidate whose name is printed on the ballot. Because this 13 requirement does not exist in city elections, city election officials are required to take 14 considerable time and resources to count and individually record write-in votes cast, many of 15 which are frivolous. 16 Response: The League of Minnesota Cities supports legislation to give cities the option to 17 require that write-in candidates for local elective offices file a formal request with the chief 18 election official at least seven days before the city election if they wish to have their write-in 19 votes individually recorded. 20 SD 65. StatutoFy and GhaF ef: City Terms of City Eleeted nrrs,.ials (AL) ) 21 , 22 stakutefy eifies shall eemmenee en the first Monday in ja+mar-y following the eleetion at whi 23 " 24 " 25 , ,,.,l;fies the ffl ent would beginthe new to the first Ad..,.d January ,..1 ivixgvi iluuii vo, the' 26 ,.rf;,e, „4;1 a sueeesser-is ehose . League of Minnesota Cities 2015 City Policies Page 68 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 , 2 3 stating that iiie�ffnbeats shall hold offiee entil th i qua4ifies. 4 This emission efeates eenfusion for- ehafter eities and an u*neeessafy distifiefien between the 5 ' 7 Response;- The League of Minnesota Cities urges the Legislature to a-m-end-munn. stat. § 8 205.07, subd. 1(a) to elar-ify that home rule ehfftem may provide that ineumbents eentimle 9 . 10 S )-66. Local Control in Purchasing and Using Electronic Rosters (AL) 11 Issue: While electronic rosters (or"e-poll books") may increase efficiency and decrease cost for 12 some cities, this may not be true for all. On April 1 2015 the Office of the Secretary of State will 13 submit a report on the use of electronic rosters in the 2014 general election throughout the state 14 to the Legislature. As cities explore the use of electronic rosters, this reportas well as data 15 directly from jurisdictions that have used the technology, may be helpful in determining next 16 steps. , 17books") dwing the 2013 munieipal eleetions. The 18 legislation Aso r-e"ires a r-epei4 en the results of the pilot sitesbe submitted to the I egislatur-e ii-3- 19 , 20 this may of be tFue for-al eit . 21 Response: As the Legislature continues to examine explefes-the use of electronic rosters, 22 cities should retain the option of utilizing this technology€end-but should not be required to 23 do so. 24 SLS-67. Library Funding (uric_C- 25 26 , League of Minnesota Cities 2015 City Policies Page 69 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 wefk-iffg te address the needs efeser-s ie er-der-to pr-evide aeeess te both written affd eleet-fenie 2 . 3 The state's 4 state to feeeiVe federal and state aid ftinds; this is eever-ed under-Nfifm. SteA. § 13 4.3 4. The- 5 , 6 , 7 8 addressing the issee. Aqiile the N40E is seen as a mandate by eities and eetinfies, 9 10 11 12 leea4 aid ena4le4neffts, 13 ° 14 15 ftmdifig sides te this issue, the Offiee ef Legislative Aeditef(01=A) was tasked with eendeefing 16 , 17 seltifiens. 18 19 provide dollars to assist eammunifies to work in partnership to build and improve 20 librwies. Addidonalty,when Feviewing the OLA'S 21 eonsider-ation the ear-r-ent methods of delivering fibra" s i ss the state 22 . Wheft 23 ,the Legislature should ensure that any r-efie 24 provided on the eounty A40E requirement does not r-esult ift additional funding bur-dens 25 ,pelieymaker-s should eonsider-whether- establishing library taxing 26 . League of Minnesota Cities 2015 City Policies Page 70 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-68. Park and Library Land Tax Break (HC) 2 Issue: As the price for land increases, it is becoming more difficult for cities and other local units 3 of government to compete with developers to save and secure land and easements that are 4 deemed appropriate for park, library, trail, and green spaces. 5 Response: The state should amend the tax laws to provide tax incentives for property 6 owners who sell land and easements to local units of government when the land is to be 7 used for park,library,trail or green space purposes. 8 SD-69. Charter Law Expense Limit Increase,(GC/PH) 9 Issue: Under current law (Minn. Stat. § 410.06), charter commission expenses that are paid by 10 the city are limited to $10,000 in a first class city and $1,500 in all other cities. The first class 11 city limit was increased in 1961 from $1,500 to $10,000 while the limits for all other charter 12 cities have not been adjusted since 1947. 13 Response: The League of Minnesota Cities supports increasing the allowable annual 14 charter commission expense limit to $5,000 for cities other than cities of the first class. League of Minnesota Cities 2015 City Policies Page 71 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-NEW A. Municipal Public Water Supplies (CJ) 2 Issue: Essential residential water supplies provided by public water supply systems are classified 3 as the highest priority for the use of public water under Minn Stat �103G.261. Minnesota cities 4 spend significant resources meeting their responsibility to providing safe reliable affordable water 5 to their residents in a sustainable manner. That is an essential element in assuring a healthy and 6 stable future for public health,the environment, and economic development.As a result municipal 7 water suppliers have collected some of the most current and accurate information available on 8 local water conditions. 9 The state requires extensive planning and permitting_processes for municipal water suppliers to 10 document that their systems are drawing water at sustainable levels, that the water is safe for 11 human consumption, that they have land use controls in place to protect public water supplies 12 from contamination, that adequate plans exist for emergency and high demand situations, and 13 that rate structures meet state statutory requirements. Those systems are constantly becoming 14 more technologically, environmentally, and economically efficient. City water suppliers have 15 invested many billions of dollars to develop their utility systems and infrastructure in a manner 16 that meets those criteria. 17 Demand and supply sides of this issue are being addressed throughout the state. Cities have 18 established educational programs, incentives, and local water use restrictions to further improve 19 water conservation efforts, while appliances and plumbing fixtures are becoming more efficient 20 in their water use. Furthermore, stormwater is being infiltrated into the ground at unprecedented 21 levels as part of municipal stormwater permit requirements and is being redirected for irrigation 22 purposes in some cities. 23 Despite those efforts, there are places in the state where monitoring data indicates that water may 24 be being used faster than the supply can sustain, particularly in the case of underground aquifers. 25 These issues are very complex, however, and causes and effects are not always easily 26 documented or understood. City water supplies are not the only users of that water, either. 27 Industries, smaller private wells, agricultural operations, irrigation systems, and contamination 28 containment and treatment can all be major drains on local water supplies. Hard facts and sound 29 science need to be used to determine the best courses of action to assure that safe, reliable League of Minnesota Cities 2015 City Policies Page 72 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 affordable water supplies are available to future Minnesotans. Those approaches will vary 2 considerably depending on local water and soil conditions, the types and sizes of users, and the 3 quantity and quality of available water. They also need to be coordinated between the many state 4 entities that play a role in water management and regulations so that scarce local resources are 5 not wasted and efforts are not counterproductive to other priority environmental and public 6 health results. 7 Response: The state should be leading the development of sound scientific information on 8 water supply, aquifer recharge, and groundwater availability and quality, making good use 9 of the existing studies, data, and staff expertise of municipal water suppliers. 10 The state should also be working to remove barriers to water re-use, on ways to incent and 11 enable alternate uses of stormwater, and ways to make sure that all water users play a role 12 in ensuring that water supplies are being managed in a manner that is sustainable for 13 future residents. Those solutions need to keep in mind that essential residential water use is 14 the highest preferred use of public water supplies. 15 Finally,in cases where sound management of water resources will require substantial 16 modifications in public water systems that were previously determined to be adequate, the 17 state needs to be a partner in developing cost-effective solutions and in providing the 18 technical and financial resources to make those changes to prevent communities from being 19 economically uncompetitive. League of Minnesota Cities 2015 City Policies Page 73 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SLI-NEW B. Traffic Ticket Diversion (AF) 2 Issue: Cities across Minnesota have implemented traffic offense educational diversion programs. 3 These programs provide an alternative to first-time petty misdemeanor traffic citations. The 4 programs require an accused violator to enroll in an educational class and successfully complete 5 the class. The courses focus on safe driving and have been shown to change behavior and reduce 6 recidivism, particularly among young drivers. 7 Recently, a judge in Wabasha County ruled that local units of government do not have the 8 authority to implement traffic offense educations diversion programs. Given this ruling many 9 longstanding, successful diversion programs were suspended. 10 Response: The League of Minnesota Cities supports clarifying Minnesota Statutes to allow 11 local units of government to establish diversion programs for holders of class D drivers' 12 licenses who commit one petty misdemeanor driving offense involving no aggravating 13 factors. A person who is not eligible for the program or otherwise fails to successfully 14 complete it should be required to either pay the citation or contest it as otherwise provided 15 for in law. League of Minnesota Cities 2015 City Policies Page 74 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-NEW C. Distracted Driving (AF) 2 Issue: Distracted driving is when a driver engages in any activity that might take attention away 3 from the primary task of driving. According to the Minnesota Department of Public Safety, one 4 in four motor vehicle crashes is related to distracted driving. Distracted driving 5 contributing factor in 175 fatal crashes from 2011 to 2013 in Minnesota and resulted in 191 6 deaths. More than half of those crashes occurred in rural areas. Those fatalities cost the state 7 more than $269 million. A University of Utah study finds that the relative risk of being in a 8 traffic accident while using a cell phone is similar to the hazard associated with drivingwith a 9 blood alcohol level at the legal limit. 10 Under existing law, it is illegal for a driver to read, compose, or send text messages and emails, 11 or access the Internet using a wireless device, while the vehicle is in motion or a part of traffic 12 including while stopped in traffic or at a semaphore). Cell phone use is totally banned for school 13 bus drivers. Cell phone use is also totally banned for teen drivers duringtheir and 14 provisional license stages. 15 Response: The League of Minnesota Cities opposes any changes to Minnesota Statutes that 16 would weaken distracted driving laws. The League supports state funding for distracted 17 driving enforcement and education. The League also supports making it illegal to drive 18 while using the cell phone as well as strengthening distracted driving laws as they pertain 19 to roadway construction work zones. League of Minnesota Cities 2015 City Policies Page 75 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-NEW D. Drug Courts (AF) 2 Issue: The League of Minnesota Cities recognizes the impact of substance abuse on individuals, 3 communities and taxpayers. According to the National Council on Alcoholism and Drug 4 Dependence, the relationship between alcohol and drugs and crimes--including domestic abuse 5 and violence, underage drinking, robbery, assault and sexual assault--is clearly documented. The 6 National Center on Addiction and Substance Abuse reports 65 percent of the nation's inmates 7 meet certain medical criteria for substance abuse and addiction, but only 11 percent received 8 treatment for their addictions. 9 Drug courts are an effective problem-solving approach for dealing with alcohol and other drug 10 addicted offenders in the judicial system. Drug courts closely monitor the defendant's progress 11 toward sobriety and recovery through ongoing treatment, frequent drug testing,regular 12 mandatory check-in court appearances, and the use of a range of immediate sanctions and 13 incentives to foster behavior change. 14 In drugcourt,judges collaborate with other traditional court participants (prosecutors, defense 15 counsel, treatment providers, probation officers, law enforcement, educational and vocational 16 experts, community leaders and others), whose roles have been substantially modified,but not 17 relinquished, in the interest of helping defendants deal with addiction. 18 Response: The League of Minnesota Cities supports the efforts of drug courts to address 19 substance abuse and reduce crime. The League supports funding for additional drug 20 courts. League of Minnesota Cities 2015 City Policies Page 76 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-NEW E. Community EMTs (AF) 2 Issue: The primary role of fire departments in cities throughout Minnesota has long been that of 3 a traditional fire fighting force. Over time, the changing needs of communities has necessitated 4 that fire departments evolve to meet these new needs, primarily by providing emergency medical 5 care as first responders to emergency situations. As known, trusted and highly trained members 6 of their communities, firefighter/emergency medical technicians (EMTs) are in a unique position 7 to participate in the continuum of care and provide needed medical services to residents,beyond 8 solely responding to emergencies. 9 The Patient Protection and Affordable Care Act(ACA) of 2010 implemented the Hospital 10 Readmissions Reduction Program, which creates economic incentives and disincentives to 11 hospitals and Accountable Care Organizations to address inefficiencies in our health care system. 12 Under this program, hospitals are penalized for patient readmission within 30-days of discharge 13 for such illnesses as chronic obstructive pulmonary disease (COPD),heart failure and 14 pneumonia. Hospitals with excessive readmissions receive reduced Medicaid/Medicare 15 reimbursement from the federal government. 16 The first three days following release from hospital care is the time patients are at the highest 17 risk of readmission. By providing in-home, post-release wellness checks within this three-day 18 timeframe, firefighters with Community EMT certification helpkeeo patients from returning to 19 the hospital for the same issues within the 30-day_period. By making_preemptive contact with 20 targeted patient groups in their homes, firefighter Community EMTs can drastically reduce their 21 need to access the EMS system in an emergency call. For fire departments,providing 22 Community EMT care that is reimbursed by the federal government would allow many 23 departments to employ full-time personal when they otherwise may not be able. 24 The Community EMT certification provides an entry point into the fields of healthcare, 25 firefighting and public service for residents who might not otherwise pursue such careers. This 26 increased access to these jobs allows cities to "grow their own" employees rather than seeking 27 them out from elsewhere, and creates career opportunities for residents, and provides a funding 28 source to do so. League of Minnesota Cities 2015 City Policies Page 77 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 Response: In 2011,Minnesota became a pioneer in community medicine when the 2 Legislature authorized the creation of Community Paramedics. This legislation should be 3 expanded with the creation of a Community EMT standard which will allow fire 4 departments around the state to partner with health care systems to become incorporated 5 into the patient's treatment plan via home visits in order to ensure the patient is following 6 their doctor's orders and has their required medication, obtain vital signs, and even 7 conduct home safety audits for elderly patients. League of Minnesota Cities 2015 City Policies Page 78 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SIS-NEW F. Precinct Boundaries (AL) 2 Issue: Currently when cities set precinct boundaries, they must follow streets or physically 3 recognizable features. This creates problems when cities have more than one school district and 4 the school district boundary does not adhere to those same requirements. For example, a school 5 district may have a boundary that is an alley and the city cannot adjust their precinct to match 6 because a city's boundary must be a street or a physically recognizable feature. This can result in 7 a precinct having two ballots for different school districts within the same city precinct causing 8 confusion for voters and election judges, and creating inefficiencies in administering elections. 9 According to Minn. R, 8255.0020, a city may follow a school district boundary that does not 10 have a recognizable physical feature but must then name the precinct in a manner that reflects the 11 relationship for the purpose of reporting election results. This leads to precinct names such as 12 "Precinct 1 South and Precinct 1North"to reflect the different school districts represented. This is 13 also confusing for voters who many not know in which school district the live. ive. 14 Response: The League of Minnesota Cities encourages the Legislature to create uniform 15 rules in statute for determining precinct boundaries. To simplify the process for voters and 16 elections administrators, cities should have the authority to set precinct boundaries on 17 existing streets, a physically recognizable feature or another political boundary such as a 18 school district boundary. The League also supports eliminating the naming requirement 19 and allowing for the creation of new precincts that have one ballot for both the school 20 district and city. League of Minnesota Cities 2015 City Policies Page 79 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SD-NEW G. Local Control in Determining Filing Fees for Statutory Cities 2 (AL) 3 Issue: Filing fees are used to pay for the administrative costs of processing affidavits of 4 candidacy and to encourage serious and committed candidacies. Charter cities have the authority 5 to change the filing fee for candidates seeking municipal elected office by amendingtheir heir 6 charters via unanimous city council vote or by a vote of the people. Statutory cities do not have 7 the same authority and the fees are determined by the Legislature (Minn. Stat. 205.13, subd. 31. 8 The filing fees for 2 3ra and 4a' class cities have not been raised since 1959 and are $2 for 4th 9 class cities and $5 for 2 and 3ra class cities. The filing fee for 1St class cities was raised in 1976 10 and is $20. If a candidate choses, state statute allows for the submission of a petition of 11 signatures instead of paying the filing fee. 12 Response: The League of Minnesota Cities supports local control in determining filing fees 13 for filing an affidavit for candidacy for municipal office. Similar to charter cities, statutory 14 cities should have the authority to set filing fees for their city by passing an ordinance. League of Minnesota Cities 2015 City Policies Page 80 2015 DRAFT POLICIES—IMPROVING SERVICE DELIVERY 1 SU-NEW H. Posting Campaign Finance Reports Online (AL) 2 Issue: The 2014 Legislature passed a law requiring the filing officer of a local government to 3 make all campaign reports required to be filed with the local government to be posted online. 4 The law does not change what reports must be filed and only requires the posting f reports 5 online if a city has a website. The filing officer must post the reports on the city's website as 6 soon as possible, but no later than 30 days after receipt of the report. The reports must be 7 available on the city's website for four years from the date the report was posted to the website. 8 While posting the reports online may be more convenient for citizens and city staff alike as it 9 will replace the physical distribution of reports upon request the time required to make the report 10 available may be difficult for maintenance of city websites. 11 Response:While the League of Minnesota Cities supports increasing access to information 12 through the use of city websites, the League also urges the Legislature to revisit the length 13 of time required to keep reports online. League of Minnesota Cities 2015 City Policies Page 81 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 DRAFT: IMPROVING LOCAL ECONOMIES 2 LE-1. Growth Management and Annexation (CJ/PH) 3 Issue: Unplanned and uncontrolled growth has a negative environmental, fiscal, and 4 governmental impact on cities, counties, and the state because it increases the cost of providing 5 government services and results in the loss of natural resource areas and prime agricultural land. 6 Response: The League of Minnesota Cities believes the existing framework for guiding 7 growth and development primarily through local plans and controls adopted by local 8 governments should form the basis of a statewide planning policy, and that the state should 9 not adopt a mandatory comprehensive statewide planning process. Rather,the state 10 should: 11 a) Provide additional financial and technical assistance to local governments for 12 cooperative planning and growth management issues,particularly where new 13 comprehensive plans have been mandated by the Legislature. 14 ) Keep comprehensive planning timelines on a ten-year cycle due to the financial and 15 workload impacts these processes place on cities. 16 c) Clearly establish the public purposes served by existing statewide controls, such as 17 shore land zoning and wetlands conservation; clarify, simplify, and streamline these 18 controls; eliminate duplication in their administration; and fully defend and hold 19 harmless any local government sued for a "taking" as a result of executing state land- 20 use policies. 21 d) Give cities broader authority to extend their zoning, subdivision, and other land-use 22 controls outside the city's boundaries, regardless of the existence of county or township 23 controls, to ensure conformance with city facilities and services. 24 e) Clearly define and differentiate between urban and rural development and restrict 25 urban growth without municipal services or annexation agreements outside city 26 boundaries. This should contain a requirement that counties and joint power districts 27 that provide sewer,water, and other services, which have been traditionally provided 28 by cities, include as a condition of providing service the annexation of properties that League of Minnesota Cities 2015 City Policies Page 82 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 are the recipients of such services in cases where annexation is requested by a city that 2 could feasibly be providing those services. 3 f) Facilitate the annexation of urban land to cities by amending state statutes that regulate 4 annexation to make it easier for cities to annex developed or developing land within 5 unincorporated areas. 6 g) Oppose legislation that would reinstate the election requirement in contested 7 annexations. 8 h) Support legislation to prohibit detachment of parcels from cities unless approval of the 9 detachment has been granted by both the affected city and township and the affected 10 county has been notified prior to the city and township acting on the request. 11 i) Oppose legislation that allows orderly annexation agreements to be adopted that 12 prohibit annexation by other cities of property not being annexed under the agreement. 13 j) Encourage ideas consistent with the long-term goal of allowing urban development only 14 in urban areas. Density incentives such as sprawl-reduction aid programs are more 15 straightforward methods of rewarding and encouraging compact urban development 16 than using local government aid (LGA) for another new purpose. 17 1 ) Establish stricter criteria on the amount cities can pay to townships as part of an 18 orderly annexation agreement so that payments to townships are limited to 19 reimbursement for lost property tax base for no more than a fixed number of years, 20 documented stranded assessments, and other items for which there is a clear nexus. 21 LE-2. Wildlife Management Areas (CJ) 22 Issue: The Department of Natural Resources has been pressing for legislative requirements 23 creating development restrictions on property adjacent to land purchased by the state for hunting 24 and other conservation purposes. This issue has been increasingly controversial as urban growth 25 extends into areas previously considered rural and residential property owners are finding 26 themselves adjacent to public hunting land. With large amounts of new revenue going into state 27 land purchase for game and fish habitat and public access purposes because of the passage of the 28 constitutional amendment, these problems could occur even more frequently. 29 The solution being proposed will put local governments in the position of enforcing state land 30 use restrictions and would require extensive changes to local plans, controls and ordinances. It League of Minnesota Cities 2015 City Policies Page 83 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 would also create large numbers of nonconformities on properties within city limits and would 2 make state wildlife management areas far less desirable due to impacts on future city 3 development. 4 In rural areas, where this is less of a concern, counties and townships have the authority to object 5 to the state purchasing land for the outdoor recreation system for these very reasons. Cities do 6 not have that statutory right. Due to recent statutory changes (Minn. Stat. § 97A.137, subd. 4) 7 removing city authority to adopt ordinances related to firearm discharge,hunting and trapping 8 activity in wildlife management areas within their borders, these purchases should not occur 9 without city consent and input. 10 Response: The League of Minnesota Cities opposes the state imposing retroactive 11 development restrictions around existing wildlife management areas. 12 When purchasing state wildlife management areas and other conservation and outdoor 13 recreation system land, the state should either purchase sufficient land to provide an 14 internal buffer from surrounding development or purchase development rights to land 15 adjacent to the property if such a buffer is deemed essential to preserving the intended uses 16 for the property. This should be required for new land purchases and done where feasible 17 for existing wildlife management areas. 18 Furthermore, Minn. Stat. § 84.944 and § 97A.145 should be amended to include cities in 19 the local government notification and approval process the state must follow before 20 purchasing public land. 21 LE-3. Official State Mapping Responsibility (CJ/AL/LZ) 22 Issue: For many years, the Minnesota Department of Transportation (MnDOT) has provided the 23 mapping services to keep survey-level accuracy in place for the state's official maps and records. 24 That information changes when roads are made or improved, and needs regular adjustment when 25 municipal boundary adjustments are made. The information is then used at all levels of 26 government to accurately determine property boundaries for transportation aid, utility service 27 boundaries, state and local funding formulas, election issues, and a number of other uses. League of Minnesota Cities 2015 City Policies Page 84 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 No state agency, however,has ever been statutorily provided with mapping responsibility and 2 MnDOT is not funded for providing that level of detail in its mapping. Because MnDOT, as an 3 agency, requires less specificity in its maps, a change has slowly been integrated to mostly 4 restrict MnDOT mapping to what changes occur in road ownership and responsibility, leaving 5 many mapping needs unmet for other users of boundary data. 6 Response: The League of Minnesota Cities supports legislation making a named state entity 7 the official provider of survey-level mapping for the state,including maps for municipal 8 boundary adjustments. The Legislature must provide the necessary appropriations to the 9 entity for providing that service. 10 LE-4. Electric Service Extension (LZ) 11 Issue: Minnesota law preserves the right of municipal electric utilities to grow with the cities 12 they serve. Municipal electric utilities may grow either through application to the Minnesota 13 Public Utilities Commission (MPUC) or through condemnation proceedings. Eliminating 14 authority of municipal electric utilities to extend services, or making extension of municipal 15 electric service to annexed property unreasonably costly, would interfere with community 16 development and make it unfeasible for municipal electric utilities to serve properties located 17 within rural electric cooperative (REQ or other electric service provider service territory in 18 annexed areas, even if the REC or other electric utility had not served them prior to annexation. 19 Response: The League of Minnesota Cities opposes any attempt to remove or alter the 20 eminent domain option available to municipal electric utilities in state law, or to make it 21 financially unfeasible for municipal utilities to compensate rural electric cooperatives or 22 other electric utilities for serving future customers who reside in annexed areas where-the 23 that electric utility has not provided service. 24 LE-5. Statutory Approval Timelines (CJ/PH) 25 Issue: Cities since 1995 have been required to act on written requests relating to zoning, septic 26 systems, the expansion of Metropolitan Urban Service Areas (MUSA), and other land-use 27 applications in accordance with a statutory time period generally referred to as the 60-day rule. League of Minnesota Cities 2015 City Policies Page 85 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Pursuant to Minn. Stat. § 15.99, state and local government agencies must approve or deny a 2 permit within a statutory timeframe. Failure by the agency to issue a specific denial of the 3 application is deemed an approval. 4 Minn. Stat. § 15.99 does not directly address whether an appeal of a decision triggers an 5 extension or is part of an original zoning request that must be handled within the 60- or 120-day 6 time period. In a 2004 court of appeals decision, the court found that a zoning application is not 7 approved or denied for the purposes of Minn. Stat. § 15.99 until the city has resolved all appeals 8 challenging the application. See,Moreno v. City of Minneapolis, 676 N.W. 2d 1 (Minn. Ct. App. 9 2004). According to the court, an appeal is not a request for a permit, license or other 10 governmental approval; therefore, it does not trigger a new 60-day time period. Under this 11 interpretation, a decision rendered by a zoning board or planning commission is not the final 12 approval or denial of an application if the city allows an appeal to the city council. 13 This court decision is problematic for a couple of reasons. Forcing cities to further condense the 14 process for considering planning and zoning applications will make it more difficult to gather 15 public input and leave less time for thoughtful deliberation by zoning boards and planning 16 commissions. It may also provide an incentive for cities to extend the original 60-day period in 17 every instance in order to build-in adequate time to consider possible appeals. 18 The Minnesota Supreme Court recently issued another 60-day rule decision that held that an 19 application to the Minneapolis Heritage Preservation Commission for a certificate of 20 appropriateness was a"written request related to zoning," and therefore was subject to the 21 automatic approval provision of the 60-day rule. (See, 500, LLC v. City of Minneapolis, 837 22 N.W. 2d 287 (Minn. 2013). This opinion creates ambiguity and uncertainty about what permit 23 applications are subject to the law. 24 While the Legislature has clarified some aspects of this law, additional modifications are 25 necessary to assist cities in providing accurate and timely responses to applicants and to allow 26 adequate time for public input. Furthermore, as city staff and financial resources are increasingly 27 limited, flexibility in the length of approval timeline requirements may be needed at the local 28 level. League of Minnesota Cities 2015 City Policies Page 86 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Response: The Legislature should repeal or amend Minn. Stat. § 15.99.If repeal is unlikely, 2 amendments should: 3 1) Increase the initial time limit to 90 days or have the language in Minn. Stat. § 15.99 4 apply as the default requirement only in cases where permitting bodies have not 5 established an independent approval timeline. 6 n) Clarify that approval does not abrogate the need for approvals under other applicable 7- federal, state or local requirements. 8 ) Provide appeal rights to adjacent property owners. 9 o) Clarify that,if requests are to be decided by a board, commission or other agent of a 10 governmental agency, and the decision of the board, commission or other agent is 11 adopted subject to appeal to the governing body of the agency,then the agency may 12 extend the 60-day time limit to resolve the appeal. 13 p) More clearly define that the phrase "related to zoning" refers to a traditional land use 14 decision such as rezoning, conditional use permits, and variances. 15 LE-6. Public Infrastructure Utilities (AF/LZ) 16 Issue: Successful economic development efforts and community stability are dependent upon a 17 city's ability to make infrastructure investments. Current infrastructure funding options available 18 to cities are inadequate and unsustainable. Funding pressures have been exacerbated by levy 19 limits,unallotment and reductions in the local government aid and market value homestead 20 credit programs. The existing special assessment law, Minn. Stat. ch. 429, does not meet cities' 21 financing needs because of the benefit requirement. The law requires a minimum of 20 percent 22 of such a project to be specially assessed against affected properties. In practice,however,proof 23 of increased property value to this degree of benefit can rarely be proven from regular repair or 24 replacement of existing infrastructure such as streets or sidewalks. Alternatives to the Minn. Stat. 25 ch. 429 methods for financing infrastructure improvements are nearly nonexistent. 26 The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers, 27 and storm sewers. The storm sewer authority, established in 1983, set the precedent for a 28 workable process of charging a use fee on a utility bill for a city service infrastructure that is of 29 value to everyone in a city. Similar to the storm sewer authority, a transportation or sidewalk League of Minnesota Cities 2015 City Policies Page 87 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 utility would use technical, well-founded measurements and would equitably distribute the costs 2 of local infrastructure services. 3 Response: The Legislature should authorize cities to create, as a local option, additional 4 utilities such as a transportation or sidewalk utility. Such authority would acknowledge the 5 effects of repeated levy limits and the general funding shift from the state to local 6 governments for building and maintaining necessary infrastructure; the benefits to all 7 taxpayers of a properly maintained public infrastructure; and, the limitations of existing 8 special assessment authority. 9 LE-7. Development Disputes (CJ/PH) 10 Issue: State law is clear that fees collected under Minn. Stat. ch. 462 are eligible for judicial 11 review in the event of dispute. The Legislature recently limited the timeframe during which an 12 aggrieved party may challenge planning and zoning fees to 60 days after approval of an 13 application. However, the law is not clear about what notice requirements to the municipality are 14 necessary, relative to the timing for a person aggrieved by an ordinance or decision under the 15 municipal planning act to seek review. 16 Response: The Legislature should amend Minn. Stat. § 462.361 to establish a 60-day time 17 limitation in which an aggrieved person may bring an action against the municipality. 18 LE-8. Foreclosure and Neighborhood Recovery (HC) 19 Issue: Minnesota has experienced significant numbers of mortgage foreclosures. The number of 20 sheriff sales rose to a high of 26,000 in 2008. Although the number of those sales has stabilized 21 somewhat since then, issues surrounding community recovery are still ongoing. 22 The League is encouraged by the commitment in the 2013-2015 Minnesota Housing Finance 23 Agency Strategic Plan, which prioritizes supporting communities as they recover by focusing 24 agency resources to aid cities and support investment in housing to restore quality of life along 25 with stable neighborhoods. League of Minnesota Cities 2015 City Policies Page 88 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Cities dedicate scarce resources to address public safety and maintenance challenges associated 2 with foreclosed and vacant homes. Cities' revenues also continue to decline due to delinquent 3 utility payments and property tax payments as well as added cost for nuisance abatements. 4 Foreclosures also result in an unprecedented number of vacant and abandoned properties, 5 making them a top concern. Left unaddressed, these properties destabilize neighborhoods, 6 depressing neighborhood property values, and driving up costs of municipal services. 7 Cities continue to strive to preserve the viability and safety of their communities. However, 8 without additional resources to address the variety and increasingly costly impacts of 9 foreclosures, cities cannot maintain or enlarge those activities to meet local needs. The federal 10 government has provided funds for neighborhood stabilization,but such funds are limited in 11 eligible uses and scope and are only available to a limited number of cities. State funding for 12 Minnesota Housing programs has not kept pace with the urgency of addressing community 13 recovery. 14 Contracts for deed have been used to successfully buy and sell thousands of homes around 15 Minnesota. However, some property owners use contracts for deed as an alternative to a 16 traditional lease, even though the purchaser has no intention of buying the home. Some 17 communities have encountered a situation where a property owner is buying many homes in a 18 community, then selling them on contract for deed. This can allow a person to essential) act as 19 a landlord while evading the city's rental inspection and rental licensing process, while the 20 buyers lose the traditional legal rights and protections as tenants. Many view it as a way to rent 21 the property and may not be aware of it being a contract for deed. 22 Numerous problems arise for cities and neighborhoods when property owners are acting 23 essentially as renters. It is difficult to determine who is responsible for maintaining the property 24 or for pang utility bills and property taxes, and cities may not be able to inspect substandard 25 properties if they are not subject to a lease agreement. In some situations, Property owners may 26 wish to have a renter be the responsible party for utility bills and utilize contract for deed 27 arrangements to have the person living on the property be the responsible parte property 28 may also not be recorded at the county for homesteading P=oses if the buyer is not aware of the 29 formal change in ownership that results from a contract for deed. League of Minnesota Cities 2015 City Policies Page 89 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Response: The Legislature should: 2 a) Support Minnesota Housing in its efforts to strengthen communities where 3 foreclosures and current rates of delinquencies are still high (as much as 5 percent 4 statewide as compared with the normal rate of 1-2 percent). 5 b) Secure increased state and federal resources and provide financing tools to help 6 cover city costs associated with foreclosures and community recovery,including 7 revenue sources for programs that support foreclosure mitigation and 8 homeownership counseling. 9 c) Consider establishing a non-competitive program to provide a match for city- 10 subsidized affordable housing projects. 11 Allow cities to take actions necessary to protect foreclosed and abandoned homes 12 from damage and to help preserve property values in neighborhoods where 13 concentrations of such conditions are present, including an expedited process to 14 address nuisance properties. 15 ft)e) Reexamine the Contract for Deed statutes to determine whether additional 16 protections are necessary to prevent property owners from evading responsibilities 17 of a landlord, and provide local jurisdictions resources to allow for education of 18 future buyers and sellers in contract for deed arrangements. 19 d)fL_Support local authority for cities to collect all delinquent taxes, utility bills, 20 liens, and assessments on foreclosed and tax forfeited properties. 21 e)gL_Improve notification to cities and consistency in the information available to 22 cities when a property is in the foreclosure process and vacated. 23 f)h) Require the foreclosing party/mortgage holder to maintain foreclosed 24 properties. If the foreclosing party is unwilling to maintain the property, strengthen 25 city authority to charge the foreclosing party/mortgage holder for cost of 26 maintenance. 27 g)ilSupport coordinated responses to prevent foreclosures, activate and guide private 28 investment and home purchases, and support distressed neighborhoods. League of Minnesota Cities 2015 City Policies Page 90 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 LE-9. New Resources for Affordable Housing (HQ 2 Issue: Cities, along with local housing officials, are concerned about the need for proactive 3 commitment at the state level to aid cities to meet demand for affordable housing that is sensitive 4 to local conditions, including meeting the needs of an aging population, particularly when elderly 5 residents often must leave communities where they have owned their own homes for many years. 6 The League of Minnesota Cities also recognizes that federal, state and local governments all 7 have a role to play in meeting affordable housing needs, preventing, and recovering from, 8 foreclosure, and responding to problems caused by vacant homes and the increase in rental 9 properties that are the result of foreclosure. 10 Response: The Legislature should: 11 a) Support the strategic priorities that Minnesota Housing has adopted,which include 12 making resources and methods available to maintain and improve existing affordable 13 homes, especially housing stock that is aging. 14 b) Re-enact a program similar to "This Old House" to allow owners of qualifying single- 15 family homes or multi-unit rental properties to defer the increase in tax capacity from 16 repairs or improvements to their homestead property as an incentive for cities to 17 maintain housing stock,including, but not limited to re-occupying and homesteading 18 foreclosed and vacant homes. In order to provide potential opportunities in more 19 communities, the program's age limit qualifications for a homestead property should be 20 updated to include properties that are at least 30 years old. 21 c) Provide stable and long term funding for Minnesota Housing and other affordable 22 housing programs,including a state low-income housing tax credit to help rebuild the 23 state's partnership with local governments in the development of homeownership, 24 multi-family rental assistance and housing renovation programs, and allow flexibility 25 for cities to achieve partnerships and leverage resources with private and public 26 entities. 27 d) Substantially increase long-term funding for the Economic Development& Challenge 28 Fund to leverage local private and public resources to develop workforce rental and 29 single family homes. League of Minnesota Cities 2015 City Policies Page 91 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 e) Support legislation to provide sales, use, and transaction tax exemptions or reductions 2 for development and production of affordable housing and use state bond proceeds for 3 land banking and trusts as well as rehabilitation and construction of affordable 4 housing. 5 f) Provide funding and financing tools to cities to create affordable senior housing for our 6 aging population. 7 g) Provide funding and financing tools to cities to create affordable housing and prevent 8 foreclosure for veterans. 9 LE-10. Energy Efficiency Improvement Requirements for Housing (CJ/HC) 10 Issue: Rising energy costs have brought attention to the poor energy efficiency of many private 11 residences, especially in older housing stock. The affordability of this housing could be severely 12 impacted by continued increases in home energy costs. Improvements in the energy efficiency of 13 this housing stock would improve the affordability of local housing options and would help 14 achieve state energy demand and greenhouse gas emission reduction goals. The challenge is how 15 best to achieve that result. 16 Legislative discussions have suggested that minimum energy efficiency improvements could be 17 added as point of sale requirements for this older housing stock, including basic renovations such 18 as improved attic insulation levels, window caulking and outlet sealing. 19 While the goals of such a program are laudable, there are a number of concerns for how this 20 would actually be accomplished in individual cities. Most cities do not, for example, have point 21 of sale inspections. There will also be cases where the house will be structurally unable to meet 22 high attic insulation requirements, such as with manufactured housing or with older houses with 23 very little attic space. There are also concerns that the cost of meeting these energy requirements 24 could result in homeowners being reluctant to sell their houses because of the expense of the 25 improvements that would be required to meet new standards. 26 What homeowners will need to accomplish these energy efficiency improvements is increased 27 exposure to educational information, such as increased access to energy audits and more 28 familiarity with and access to programs that finance home energy efficiency projects. This 29 program could be implemented very efficiently and effectively by utility companies instead of League of Minnesota Cities 2015 City Policies Page 92 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 cities. Electric utilities have a customer relationship with homeowners, a regulatory requirement 2 to meet energy demand reduction goals through conservation spending, and access to technical 3 expertise that can take into account variations in housing age and construction. Cities could, 4 however,play a strong role in increasing public exposure to approved educational materials. 5 Response: The League of Minnesota Cities agrees that there is a need to improve the 6 energy efficiency of older housing stock to reduce energy consumption and improve the 7 affordability of housing. The state should focus its efforts on improving educational 8 programs and on improving the use of existing statewide Conservation Improvement 9 Program (CIP) financed programs to provide homeowners with technical and financial 10 support for weatherization and energy efficiency improvements. Cities should use their 11 communication tools, such as newsletters and web sites,to promote these efforts and to 12 help link homeowners to educational materials and program resources. 13 LE-11. Residential Care Facilities and In-Home Day Care (HC/PH) 14 Issue:Minnesota's deinstitutionalization policy seeks to ensure that all people with mental 15 illness can live in housing that maximizes community integration and opportunities for 16 acceptance. Minnesota statute states that"persons with disabilities should not be excluded by 17 municipal zoning ordinance or other land use regulations from the benefits of normal residential 18 surroundings." (Minn. Stat. 462.357, subd. 6a.) Restrictions on municipal zoning authority can 19 have the unintended consequence of undermining the deinstitutionalization policy by 20 concentrating residential care facilities. In upholding a state and local dispersal requirement the 21 Eighth Circuit Court of Appeals stated that the requirement was "designed to ensure that 22 mentally handicapped persons needing residential treatment will not be forced into enclaves of 23 treatment facilities that would replicate and thus perpetuate the isolation resulting from 24 institutionalization."Familystyle of St. Paul, Inc. v. St. Paul, 923 F.2d 91, 95 (8th Cir. 1991). 25 City authority to regulate the locations of residential care facilities is limited by state statute and 26 the federal Fair Housing Act (FHA), although Minn. Stat. § 245A.11 subd. 4 prohibits the 27 Commissioner of Health fromrganting an initial license to a residential program of six or fewer 28 people within 1,320 feet of an existing residential program in cities of the first class. Sufficient 29 funding and oversight is needed to ensure that residents living in residential care facilities have League of Minnesota Cities 2015 City Policies Page 93 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 appropriate care and supervision, and that neighborhoods and facility residents are not 2 dispr-opE)i4ieii4e!�,-negatively mpacted by high concentrations of these types of facilities. Under 3 current law, operators of certain residential care facilities are not required to notify cities when 4 they intend to purchase single family housing for this purpose. Cities do not have .,,A^4ty to 5 eg-a ., 0 the 1.,..4iens of -eside.f4;.1 eafe f,illi es 6 Cities have reasonable concerns about the safety of facility residents and neighborhoods, 7 particularly in case of public safety. Cities also have an interest in preserving a balance in 8 residential neighborhoods between this type of facility and other uses. It is in the best interest of 9 providers to inform and work with cities before opening a facility in order to educate providers 10 of community standards and expectations. Ultimately, the goal of community integration is best 11 achieved by engaging cities as partners with the state and care providers. 12 There are similar restrictions on the ability of a city to regulate licensed day care facilities. Minn. 13 Stat. § 462.357, subd. 7 states that certain licensed residential facilities and day care facilities 14 must be considered a permitted single-family use for zoning purposes. The restriction is designed 15 to protect"in-home" daycare facilities, but the law applies even if the facility is not the primary 16 residence of the day care provider. This creates a loophole for providers to use a single-family 17 home as a commercial daycare facility, which might not otherwise be allowable under a city 18 zoning ordinance. 19 Response: Cities should have statutory authority to require agencies as well as licensed and 20 registered providers that operate residential care facilities to notify the city before 21 properties are operated. Cities should be provided with the necessary contact information 22 once a facility is licensed or registered. Providers applying to operate residential care 23 facilities should be required to contact the city to be informed of applicable local 24 regulations. The Legislature should also require establishment of non-concentration 25 standards for residential care facilities to prevent clustering. Finally, licensing or 26 registering authorities must be responsible for removing any residents incapable of living 27 in such an environment, particularly if they become a danger to themselves or others. 28 The Legislature should amend Minn. Stat. 245A.11, subd. 4 to allow for appropriate non- 29 concentration standards for all types of cities. League of Minnesota Cities 2015 City Policies Page 94 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 The Legislature should amend Minn. Stat. § 4629.357, subd. 7 to clarify that a licensed day 2 care facility serving 12 or fewer persons is considered a permitted single-family use only if 3 the license holder owns or rents and resides in the home. 4 LE-12. Post-Incarceration Living Facilities (AF/HQ 5 Issue: Sufficient funding and oversight is needed to ensure that residents living in post- 6 incarceration living facilities have appropriate care and supervision, and that neighborhoods are 7 not disproportionately impacted by high concentrations of these types of facilities. Under current 8 law, operators of certain post-incarceration living facilities are not required to notify cities when 9 they intend to purchase single family housing for these purposes. Cities do not have authority to 10 regulate the locations of post-incarceration living facilities. Cities have reasonable concerns 11 about the safety of facility residents and neighborhoods, particularly in cases of public safety. 12 Cities also have an interest in preserving a balance in residential neighborhoods between this 13 type of facilities and other uses. It is in the best interest of providers to inform and work with 14 cities before opening a facility in order to educate providers of community standards and 15 expectations. 16 Response: Cities should have statutory authority to require agencies, as well as licensed and 17 registered providers, that operate post-incarceration living facilities to notify the city 18 before properties are operated. Cities should be provided with the necessary contact 19 information once licensed or registered. Providers applying to operate post-incarceration 20 living facilities should be required to contact the city to be informed of applicable local 21 regulations. The Legislature should also require establishment of non-concentration 22 standards for post-incarceration living facilities to prevent clustering. Finally,licensing or 23 registering authorities must be responsible for removing any residents incapable of living 24 in such an environment,particularly if they become a danger to themselves or others. 25 LE-13. Inclusionary Housing (HQ 26 Issue: Provisions in current state statute (Minn. Stat. § 462.358, subd. 11) allowing cities to enter 27 into development agreements for the inclusion of a portion of the units in the development to be League of Minnesota Cities 2015 City Policies Page 95 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 affordable for low- or moderate-income families have been a source of conflict between cities 2 and housing developers. 3 Cities are concerned builders view this statute as a restriction on local authority to adopt policies 4 that promote availability of housing affordable to those who are unable to purchase or rent 5 housing at price points that the market alone provides. 6 Response: The Legislature should: 7 a) Strengthen and clarify cities' authority to carry out policies that offer developers a 8 range of incentives in return for including a designated number of affordable units in 9 their projects. 10 b) Identify strategies to ensure long-term affordability of rental and owner-occupied 11 housing produced as a result of such policies and practices. 12 c) Focus state housing policy to support for local assessment of housing needs and direct 13 additional state resources and the full exercise of local authority to increase 14 development of affordable rental units and access to entry-level, owner-occupied 15 housing. 16 d) Support voluntary measures to encourage cities to adopt and carry out land-use plans, 17 activities, and subdivision regulations aimed at providing for construction and 18 marketing of housing where a portion of all new units are affordable to lower-income 19 households. 20 LE-14. Community Land Trusts (HC/PH) 21 Issue: The increasing price of land available for housing development, particularly for retaining 22 affordability of housing for lower-income households, is a concern throughout the state. Creating 23 more permanently affordable, owner-occupied housing depends heavily on maximizing the cost- 24 effectiveness of taxpayer investments. The Legislature has previously appropriated funding and 25 granted the Minnesota Housing Finance Agency authority to assist cities with funding 26 community land trusts (CLTs) for affordable housing. 27 Response: The Legislature should support continuation of the land trust capacity-building 28 program and provide capital start-up funds so community land trusts can continue to offer League of Minnesota Cities 2015 City Policies Page 96 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 gap financing,interest rate write-downs,predevelopment financing, and financial 2 underwriting. The Legislature should also support efforts by the Minnesota Community 3 Land Trust Coalition to develop property tax valuation to lower property taxes for sales- 4 price-restricted properties enrolled in CLT programs. 5 LE-15. Telecommunications and Information Technology (LZ) 6 Issue: Telecommunications and information technology is essential public infrastructure for the 7 have bo,eme k4egfal to delivering efficient, equitable, and affordable delivery of 8 local governments deliver-services to residents. Telecommunications includes voice, video, data, 9 and services delivered over cable, telephone, fiber-optic, wireless, and all other platforms. 10 Response: The League supports a balanced approach to telecommunications policy that 11 allows new technologies to flourish while preserving local regulatory authority. Regulations 12 and oversight of telecommunication services are important prerogatives for local 13 government to advance community interests,including the provision of high quality basic 14 services that meet local needs, spur economic development, and are available at affordable 15 rates to all consumers. Policies should not diminish local authority to manage public 16 rights-of-way,to zone, to collect compensation for the use of public assets, or to work 17 cooperatively with the private sector. The League opposes the adoption of state and federal 18 policies that restrict cities' ability to finance, construct, and operate telecommunications 19 networks. 20 LE-16. fie-Broadband Pohey (LZ) 21 Issue: State broadband goals were established during the 2010 legislative session under Minn. 22 Stat. § 237.012 to achieve minimum standards for statewide broadband deployment and speed 23 goals by 2015. Although incremental progress has been made, the state is not on track to meet 24 the statutorily outlined goals. 25 There is increasing evidence and recognition at both the state and federal level that cities play a 26 vital role in achieving significantly higher broadband speeds and capacity to ensure a robust, 27 affordable Internet connectivity that is universally available. The Gove,. er-'s Bfoadband T.s' League of Minnesota Cities 2015 City Policies Page 97 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 2 . 3 However, attempts have been made in Minnesota and other states to restrict or stop cities from 4 facilitating the deployment of broadband services or forming partnerships with private sector 5 companies to provide broadband services to unserved or underserved residents or businesses. 6 Restricting municipal authority is contrary to existing state law on electric utility service, 7 telecommunications, and economic development. 8 Response: The Legislature, governor's office, and state agencies must make it a priority to 9 respond promptly to develop policies and programs aimed at making it possible to achieve 10 substantially increased speed and capacity of broadband services available at the local 11 level. 12 To achieve these goals, the Legislature and state agencies should: 13 a) Identify and implement actions to achieve the goal of statewide deployment of advanced 14 broadband networks capable of delivering symmetrical high-speed capacity; 15 b) Encourage public/private collaboration to achieve state broadband goals,including 16 partnerships and cooperation in providing last-mile connections; 17 c) Support measures to authorize and encourage cities and other local units of government 18 to play a direct role in providing broadband services; 19 d) Remove barriers to the exercise of local authority to provide such services,including 20 repeal of Minn. Stat. §237.19, that requires a supermajority voter approval for the 21 provision of local phone service by a local unit of government; 22 e) Offer incentives to private sector service providers to respond to local or regional needs 23 and to collaborate with cities and other public entities to deploy broadband 24 infrastructure capable of delivering sufficient bandwidth and capacity to meet 25 immediate and future local needs; 26 f) Clarify that cities have the authority to partner with private entities to finance 27 broadband infrastructure using city bonding authority; League of Minnesota Cities 2015 City Policies Page 98 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 g) Remove barriers and restrict anti-competitive practices that prevent or impede cities, 2 municipal utilities, schools, libraries, and other public sector entities from collaborating 3 and deploying broadband infrastructure and services at the local and regional level; 4 h) Continuously update and verify comprehensive statewide street-level mapping of 5 broadband services to identify underserved areas and connectivity issues; and 6 i) Recognize the crucial role of cities and counties in the work of the Governor's 7 Broadband Task Force and fund the Office of Broadband Development 9€flee-to help 8 achieve significantly higher broadband speeds and to ensure that robust and affordable 9 Internet connectivity is widely available. 10 LE-17. Competitive Cable Franchising Authority (LZ) 11 Issue: 12 , 13 ,many oth 14 state" hwe fejeeted sueh l egisl tie Studies and evidence to date do not support that state 15 franchising is the solution for competition, lower consumer rates, and improved customer 16 service. Unlike the exercise of local franchising authority, state franchising models frequently 17 make no provision for staffing at the state level or for consumer complaints to be adjudicated at 18 the local level. 19 Cities joined legislators dtir-ing the 20 10 legislative session in sueeessfully pufsttiag legislation to 20 21 The transmission of video signals, regardless of how they are transported, remains subject to 22 local franchising authority. Maintaining local franchising most effectively creates and preserves 23 agreements that guarantee broad access to services throughout the community, ensuring there is 24 no digital divide for access to available additional services such as access to IP voice and high- 25 speed Internet via infrastructure that also delivers video programming services. 26 Response: State policy should maintain local cable franchise authority to ensure franchise 27 agreements reflect new technology and are reasonably tailored to the technical and 28 operational differences among providers and communities. Independent studies clearly League of Minnesota Cities 2015 City Policies Page 99 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 demonstrate that statewide franchising does not significantly increase direct competition to 2 incumbent cable franchisees. 3 The Legislature, Federal Communications Commission (FCC), and Congress should also 4 continue to recognize, support and maintain the exercise of local franchising authority to 5 encourage increased competition between incumbent cable system operators and new 6 wireline competitive video service providers including 7 a) Maintaining provisions in Minn. Stat. ch. 238 that establish and uphold local 8 franchising authority; 9 b) Refraining from adopting any FCC rule changes that would restrict existing local 10 authority to charge for and control access to public rights-of-way by all video and cable 11 service providers; 12 c) Clarifying local authority to charge fees€exon providers to ensure the provision 13 of local public access programming supper t and eontinued-to require the provision of 14 video channels for public, educational and government video programming with video 15 and audio quality equivalent to that of the local broadcast stations; ed 16 d) Providing for continued local government access to capacity on institutional networks 17 (I-Nets) provided by local cable system operators for public safety communications, 18 libraries, schools, and other public institutions to use state-of-the-art network 19 applications; and 20 e) Strengthening local authority to enforce customer service standards. 21 LE-18. Right-of-Way Management (LZ) 22 Issue: The Legislature and the Minnesota Public Utilities Commission (MPUC) recognize that 23 cities have fundamental responsibility for managing the safe and convenient use of public rights- 24 of-way(PROW). Cities hold local rights-of-way in trust for the public as an increasingly scarce 25 and valuable asset. Municipalities enforce consensus standards negotiated with the private sector 26 that are contained in Minn. Stat. ch. 237 for safe maintenance of the public rights-of-way. 27 Current PROW standards have served the state well. As demand increases for use of rights-of- 28 way for underground wired and overhead wireless facilities and sites for wireless 29 communications towers, cities must continue to have authority to allocate and coordinate the use League of Minnesota Cities 2015 City Policies Page 100 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 of this resource among competing uses and to manage the use of PROWs for delivery of 2 essential municipal utility services. Local management responsibilities vary and are site specific, 3 underscoring the necessity for maintaining local authority. 4 In recent years,private users of the PROW urged the Federal Communications Commission 5 (FCC)to impose a"shot clock" on the exercise of local authority to approve applications to 6 install, repair or replace private facilities in PROWs. Cities still retain authority to impose 7 construction standards,requirements for moving such facilities, and timelines for the completion 8 and inspection of private projects in the PROW. 9 Response: Minn. Stat. §237.162-.163 has worked well for many years. Current state rules 10 adopted by the Minnesota Public Utilities Commission regulate the manner in which cable 11 companies and other right-of-way users install facilities in the PROW. State and federal 12 policymakers and regulators must: 13 a) Uphold existing local authority to manage and protect public rights-of-way,including 14 reasonable zoning and subdivision regulation and the exercise of local police powers; 15 b) Recognize that cities have a paramount role in developing,locating, siting, and 16 enforcing utility construction and safety standards; 17 c) Support local authority to require compensation from service providers for managing 18 use of public rights-of-way; 19 d) Maintain city authority to franchise gas, electric, cable,telecommunications and 20 broadband services, open video systems and all other wireline programming platforms 21 and services and to collect franchise fees and alternative revenue streams to support 22 maintenance and management of the traveled portion of the PROW and other public 23 services of importance to communities; 24 e) Encourage a collaborative process with stakeholders,including cities,to determine any 25 revised standards if needed; 26 f) Recognize that as rights-of-way become more crowded, the costs of disrupting critical 27 infrastructure become evident and the exercise of local authority to manage competing 28 demands and ensure public safety in the PROWS becomes increasingly important; League of Minnesota Cities 2015 City Policies Page 101 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 g) Maintain the courts as the primary forum for resolving disputes over the exercise of 2 such authority; and 3 h) Maintain existing local authority to review and approve or deny plans for installation 4 or relocation of additional wires or cables on in-place utility poles. In the alternative, 5 cities should have broader authority to require the underground placement of new 6 and/or existing services at the cost of the utility or telecommunications provider. 7 LE-19. Wireless Tower and Antenna Siting (LZ) 8 Issue: Demand for wireless communication service has increased requests by private and public 9 sector providers to site additional towers, antennas, and other facilities in cities. Local zoning 10 authority and police power to manage and coordinate the siting of these facilities continue to be 11 necessary and appropriate to the exercise of local land use management and police powers. Local 12 management needs vary and are site specific, underscoring the necessity for the exercise of such 13 local authority. 14 While state law regarding local rights-of-way management (Minn. Stat. § 237.162-.163) does not 15 apply to siting such wireless facilities in public rights-of-way, the Federal Telecommunications 16 Act of 1996 preserves and provides for the exercise of state and local authority over zoning and 17 land-use decisions for wireless service facilities. 18 Response: Cities must continue to exercise full authority to consider public health, safety, 19 and welfare concerns,including issues of aesthetic and property value in responding to 20 siting and related requests to site, upgrade or alter such wireless facilities. The Legislature 21 should maintain laws that recognize and uphold city authority to manage the siting of 22 wireless facilities through local zoning and regulation and provider agreements, including 23 compensation. 24 LE-20. Economic Development Authorities (PH/LZ) 25 Issue: The 2005 Legislature authorized all counties outside the metropolitan area to establish 26 county economic development authorities (EDAs). Minn. Stat. § 469.1082 provides specificity 27 on certain process and limitations issues. County EDA activity in areas surrounding cities will 28 directly impact the adjacent city in terms of service provision and taxes. League of Minnesota Cities 2015 City Policies Page 102 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Under Minn. Stat. § 469.107 and § 469.033, EDA levies for economic development activities are 2 capped. These limits can hinder the planning of future development. 3 Response: The Legislature should require city approval for proposed county EDA activities 4 within two miles of a city. The Legislature should consider increasing the levying authority 5 for EDA, Housing and Redevelopment Authority (HRA), and port authority activities in 6 Minn. Stat. ch. 469. 7 LE-21. Local Appropriations to Economic Development Organizations 8 (PH/LZ) 9 Issue: Cities and towns are allowed to appropriate up to $50,000 per year from general fund 10 revenue to an incorporated development society or organization for"promoting, advertising, 11 improving, or developing the economic and agricultural resources" of the city or town. The 12 $50,000 cap has been in place since 1989 and places unnecessary restrictions on a city's ability 13 to work with non-profit development corporations. Local governments should have the flexibility 14 to work with outside organizations if local leaders believe it is in the best interest of their 15 communities to do so. Such appropriations are subject to the same budgetary oversight as other 16 government expenditures, and local elected officials are ultimately responsible to the voters for 17 how local tax dollars are spent. 18 Response: The Legislature should amend Minn. Stat. § 469.191 to eliminate or increase the 19 cap on appropriations to incorporated development societies or organizations. 20 LE-22. Workforce Readiness (PH/LZ) 21 Issue: 22 , 23 lWith the changing economy, and the baby boomer generation set to retire soon, cities have 24 an interest in expanding the availability of qualified workers as part of their economic 25 development efforts, and can serve as a catalyst with other public entities and the private sector 26 to address workforce readiness issues. League of Minnesota Cities 2015 City Policies Page 103 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 It is critical for the future of our economyprepare for new demographic trends. While 2 population rates among communities of color are projected to increase, the unemployment rate 3 for communities of color exceed the unemployment rate for white Minnesotans. For example, 4 data from the Bureau of Labor Statistics (BLS) indicate that black unemployment rates are 5 consistently two to three times higher than the unemployment rates of white Minnesotans. In 6 addition, while early work experience is a leadingpredictorof future success in a workplace, 7 recent statistics from BLS show that the youth unemployment rate for 16-19 year olds is three 8 times that of the unemployment rate for the state as a whole. 9 Incumbent worker training and education must be an important component of Minnesota's 10 efforts to improve workforce readiness. By making firms and employees more competitive 11 incumbent worker training can increase wages, increase employment opportunities, fill skilled 12 worker gaps, and keo jobs and employers in their communities. The Minnesota Job Skills 13 Partnership is one proven tool that provides training to thousands of incumbent workers each 14 15 Response: The Legislature should_ 16 a) eonfinue to fully fund the Minnesota jjob Sskills PPartnership and other workforce 17 training programs administered by the Department of Employment and Economic 18 Development, the Department of Human Services, and the various education agencies... 19 b) The Legislatum shouldprovide additional flexible funding to local workforce councils, 20 including governments and educational facilities, for the purpose of upgrading the skills 21 and productivity of the workforce, and pursue additional creative programming and 22 funding to prepare and place underemployed and unemployed Minnesotans, as well as 23 address the issue of those phasing out of the workplace and retiring..: 24 c) Provide additional funding for programs specifically designed to address youth 25 employment and workforce readiness, and employment disparities; and 26 d) The Legislature should continue to support cities that provide workforce programs that 27 are coordinated with and complement state and regional efforts by seeking municipal 28 approval before making any changes to those service areas. League of Minnesota Cities 2015 City Policies Page 104 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 LE-23. Community Reinvestment Partnerships and Financing (PH/LZ) 2 Issue: The 2001 property tax reform package has had a dramatic impact on how the state of 3 Minnesota's community reinvestment needs is addressed. The impacts bring into question the 4 future viability of tax increment financing (TIF) as the primary tool to fund community 5 reinvestment efforts. Additionally, the impacts of the 2006 eminent domain reforms will 6 dramatically limit a city's ability to assemble parcels of land needed to facilitate economic 7 development and redevelopment projects. Activities cities have historically been able to 8 undertake, but will likely be less able to achieve in the future given the likely diminished 9 effectiveness of TIF and limited ability to assemble parcels of land, include long-term tax base 10 stabilization and growth,job creation, development of low-to-moderate income and workforce 11 housing, remediation of pollution, elimination of blight,recycling and redevelopment of 12 infrastructure, and redevelopment of communities. Passage of the 2010 Jobs-State Stimulus bill 13 and the 2011 one-year extension offered up flexibility in several tax increment and public 14 finance provisions, but only with a short window for actually using the tools. 15 Research into another strategy of community reinvestment has focused on public and private 16 investments in youth. This body of work suggests that this form of economic development pays 17 off in areas such as improved high school graduation rates and homeownership rates. Helping 18 youth develop the social and emotional skills necessary to be contributing members of the state 19 economy meets the state's interest in building quality communities that sustain into the future. 20 Response: To ensure Minnesota is able to continue to effectively compete with other states, 21 the Legislature has a responsibility to partner with cities, state agencies, and other 22 community reinvestment organizations to develop a statewide community reinvestment 23 strategy, and to identify and implement additional tools to fund community reinvestment 24 efforts. The state should partner with cities in community reinvestment activities. State 25 acknowledgment of the need for community reinvestment and economic development is 26 essential to the state's prosperity, and legislation is needed to generate resources sufficient 27 to address these critical needs at the local level. 28 Given the big picture view of investing in people,the state should maintain a long-term 29 vision for a healthy society and renew its commitment to early childhood family education League of Minnesota Cities 2015 City Policies Page 105 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 and preschool programs that better equip individuals to contribute to the local and state 2 economies and that ultimately make for quality communities. 3 LE-24. Tax Increment Financing (TIF) (PH/HC) 4 Issue: TIF is the most important tool available to fund community development and 5 redevelopment efforts. Over time, the TIF law has become increasingly complex as the 6 Lecislature seeks to provide cities with the resources to grow the state's economy while 7 maintaining limits on the use of property taxes. in h& of the ettffeftt eeenefflie and 8 , Cities need greater flexibility to use TIF for community and economic 9 development that support a city's residents and businesses. Further restrictions of TIF would 10 render the tool less effective and will a4most eeftainly etn4ail hinder local efforts to support job 11 creation, housing, redevelopment and remediation. 12 Response: The Legislature should not enact future TIF law restrictions, rather the 13 Legislature should: 14 a) Expand the use of TIF to assist in the development of technological infrastructure and 15 products, biotechnology, research, multi-modal transportation and transit-oriented 16 development, restoration of designated historic structures, non-retail commercial 17 projects, and non-wetland areas where unstable/non-buildable soils exist; 18 b) Increase the ability of TIF to facilitate redevelopment and housing activities; 19 c) Allow term extensions for redevelopment districts which are taking longer to develops 21 d) Amend Minn. Stat. § 469.1763, subd. 3 to eliminate the "Five-year Rule" for districts 22 that are taking longer to develop; 23 e) Modify the housing district income qualification level requirements to allow the levels 24 to vary according to individual communities; 25 f) Encourage compact development and consider reauthorization of compact development 26 TIF districts with modifications to increase their effectiveness ; 27 g) Discourage any statutory mechanisms that directly or indirectly decrease the impact of 28 city redevelopment and economic development projects; League of Minnesota Cities 2015 City Policies Page 106 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 h) Amend Minn. Stat. §469.174, subd. 25 to provide time limits on the "deemed 2 increment" created by land sales,leases and loans, and allow authorities greater 3 flexibility in the use of lease revenues to fund ongoing operations; 4 i) Simplify the substandard building test to resolve ambiguities and reduce the continued 5 threats of litigation; 6 j) Clarify that the cost of necessary maintenance of properties within TIF districts are 7 defined as "administrative costs" under Minn. Stat. § 469.174, subd. 14; and 8 k) Create an exception to the interfund loan resolution requirement in Minn. Stat. 9 469.178, subd. 7, allowing interfund loans without a prior resolution for "administrative 10 expenses" as defined by the TIF Act. 11 LE 25. T-UP etDeneits (D-�iC) 12 13 thfough the TIF grant. - r-def to address the impaets of pr-epefty tax r-efemi en existing 14 TIF distfiets. This fundiffg, hewevef, was elifninated in er-def te help address the state budget 15 defieit. Sinee then, 16 eeftain er-iter-ia are met. At this time it remains efieleaf whether-this will adeqe4ely address 17 18 , . 19 Responser Munieipalifies using the auther4zation for- distr-iet extensions will need to elesely 20 21 neeessaff, the Legislature should eonsider- amendments to the 2003 author-iZation for- 22 23 the TIF statutes to address any shor-tfalls Felated to deefining foarket values in the eur-r-en 24 25 LE-26. Development Along Transit Corridors (PH/AF) 26 Issue:While the establishment of transit lines and corridors provide the impetus for economic 27 development, there are limits to existing development tools that hinder full development of 28 transit corridors. For example, acquisition of land outside of the line but within the corridor can League of Minnesota Cities 2015 City Policies Page 107 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 be difficult, and current tools are not well-suited for the creation of public spaces, enhancement 2 of infrastructure, and investments such as parking ramps that are necessary components of a 3 transit-oriented development plan. 4 In 2008 the Department of Employment and Economic Development (DEED) was authorized to 5 establish Transit Improvement Areas, which should complement long-term transportation 6 planning initiatives such as MAP-21 and Minnesota GO. Transit Improvement Areas include 7 parcels of land that are located in part within one-half mile of a transit station. A transit station is 8 defined as a physical structure or designated area which supports the interconnection of various 9 transportation modes, including light rail, commuter rail and bus rapid transit, and which 10 promotes and achieves the loading, discharging and transporting of people. The commissioner of 11 DEED may designate a Transit Improvement Area if it will increase the effectiveness of a mass 12 transit project by incorporating one or more modes of public transportation with commercial and 13 housing development, as well as providing a clean and pleasant place for pedestrian use. DEED 14 has designated over 50 Transit Improvement Areas; all but two are located in the seven-county 15 metropolitan area. Although the language passed and was signed into law by the governor 16 (Minn. Stat. § 469.35), there was no funding put into place to implement the new program. 17 Response: The League of Minnesota Cities urges the Legislature to increase the ability of 18 traditional economic development tools,including tax increment financing,tax abatement, 19 and special service districts,to address the needs of transit-oriented development. The 20 League encourages the Legislature to appropriate bonding and general fund dollars for 21 revolving loan grants to fund the TIA program. Additionally,the Legislature should 22 consider adding park and ride facilities to the list of qualifying transportation modes, as 23 defined in Minn. Stat. § 469.351. Because the majority of the DEED-designated Transit 24 Improvement Areas are currently located in the seven-county metropolitan area, increased 25 funding for this program will not be balanced between greater Minnesota and the metro 26 area. Additional funding for this program should not change the overall balance of state 27 funding between greater Minnesota and the seven-county metropolitan area. League of Minnesota Cities 2015 City Policies Page 108 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 LE-27. Business Development Programs (PH/LZ) 2 Issue: The 2013 Legislature made substantial investments in statewide economic development 3 programs, reversing recent funding shortfalls. Proven programs such as the Minnesota 4 Investment Fund (MIF), the Redevelopment Program, and contaminated site clean-up grants all 5 received substantial funding increases. The 2013 Legislature also appropriated $24 million for 6 the newly created Minnesota Job Creation Fund, which-wi4 replaced the egg-JOB-Z 7 program as a way for local communities and businesses to access state development dollars, and 8 the Department of Employment and Economic Development (DEED) has awarded a number of 9 grants to cities across Minnesota. 10 Response: On a statewide level Minnesota 11 has recovered from the Great Recession, but the Legislature must recognize that certain 12 communities will need additional time and assistance to fully recover from the impacts of 13 the economic downturn. The League of Minnesota Cities supported the increased funding 14 levels to statewide economic development programs to assist local communities recover and 15 thrive. 16 The Department ofEmployment d Eeonemie n l * 'The League supuorts the 17 continuation of the Minnesota Job Creation Fund and DEED)should solicit input from 18 cities about how best to implement the Fund, and make 19 adjustments to the administration of the program as necessary. 20 LE-28. Land Recycling and Redevelopment (CJ/PH/HC) 21 Issue: Communities across Minnesota are faced with expensive barriers to re-using property. 22 These roadblocks include deteriorating, obsolete, and vacant structures, and contaminated land. 23 Larger scale redevelopment projects often require the purchase and assembly of multiple smaller 24 parcels of land that are not suitable for development on their own Cities and development 25 authorities may need to purchase land over a period of years and hold them for later 26 development,reducing the effectiveness of traditional financing tools that require immediate 27 development. League of Minnesota Cities 2015 City Policies Page 109 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Such barriers pose significant problems for cities seeking to re-use existing infrastructure, 2 maintain and improve property tax base, provide jobs and housing opportunities, and preserve 3 historic structures. Land recycling activities are particularly costly because significant 4 remediation must occur before private-sector interest can be generated. Exacerbating this 5 situation, the land recycling programs administered by the Department of Employment and 6 Economic Development (DEED) and the Metropolitan Council programs continue to be 7 underfunded. 8 Response: In recognition of the unique needs of land recycling projects statewide,the 9 Legislature should increase funding for the statewide redevelopment account. The League 10 would also support the creation of a land assembly grant or loan program to assist cities 11 and economic development authorities assemble small parcels for redevelopment. The 12 League of Minnesota Cities supports competitive programs administered by DEED with 13 both bonding and general fund appropriations that distribute the funds equitably between 14 greater Minnesota and the metro area. 15 The State should recognize that the rehabilitation of land due to obsolescence or 16 incompatible land uses is a component of redevelopment. The Legislature should amend 17 the definition of redevelopment district under the TIF Act to include the obsolescence and 18 incompatible land uses included in a renewal and renovation district, thereby providing 19 cities with more flexible tools to address land recycling and redevelopment. 20 The Legislature should also revive a program similar to "This Old Shop",which would 21 allow cities greater flexibility in targeting commercial development and redevelopment. 22 The Legislature should consider enacting authority that would provide a tax deferral on 23 improvements to commercial buildings,including those located in designated rehabilitation 24 or historic preservation districts. The program's age limit qualifications should include 25 properties that are at least 30 years old. 26 Finally,the Legislature should continue its support and increase funding levels for state 27 and regional programs to assist in contamination cleanup and brownfields remediation 28 efforts. League of Minnesota Cities 2015 City Policies Page 110 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES I LE-29. Property Tax Abatement Authority (PH/HQ 2 Issue: In an effort to increase the number of development tools available, the 1997 Legislature 3 authorized local units of government to grant property tax abatements. Although tax increment 4 financing (TIF) continues to be the primary financing mechanism for local development projects, 5 tax abatements provide cities with an important, additional economic development tool. 6 Recognizing the need for municipal development tools, the 2008 Legislature expanded the 7 abatement authority by converting the limit on abatements from ten percent of the current tax 8 levy to ten percent of net tax capacity. In order to provide maximum benefits and recognize 9 local decision-making, tax abatements should have less restrictive funding caps, financing terms, 10 and authorized uses. 11 The tax abatement law requires that a political subdivision may only pprove an abatement after 12 holding a public meeting with a minimum of 10 days published public notice. When more than 13 one political subdivision abates property taxes for a development project there must be se ap rate 14 notices and hearings for each subdivision. This requirement can be particularly burdensome for 15 programs designed to develop multiple properties over an extended period of time. If one 16 political subdivision could be designated as the lead entity for purposes of the notice and hearing 17 requirements, such projects could be made more efficient without sacrificing public 18 transparency. 19 Property tax abatements should not be considered a replacement for TIF. 20 Response: In light of current economic conditions existing property tax abatement 21 authority should be strengthened. The Legislature should: 22 a) eExpand the abatement authority to allow abatement revenues to be used for economic 23 development activities such as workforce readiness and assistance programs, and 24 technology infrastructure improvements; 25 I)h)d-Develop a state fund to facilitate state participation in abatement projects;-a*d 26 b)E)_Efintine4i—Ancrease funding caps and duration limits:; and 27 d) amend Minn. Stat. 4 469.1813, subd. 5 to create a streamlined notice and hearing 28 requirement for multi-iurisdictional tax abatement nroiects. League of Minnesota Cities 2015 City Policies Page 111 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 LE-30. Workforce Housing (PH/HQ 2 Issue: Job creation is one of the fundamental goals of economic development. When employers 3 create new jobs through expansion or relocation there must be sufficient housing in the host 4 community for the new workers and their families to live. In rural communities, a lack of 5 housing stock for new workers can prevent a planned expansion or relocation,hampering job 6 growth and economic development. The economics of building a housing development in 7 eutstate Greater Minnesota communities makes private development difficult, and workers with 8 higher paying jobs do not qualify for traditional affordable housing. This housing gap can bring 9 development and job growth in a community to a halt. 10 In 2014 the League sponsored legislation that would have created a Workforce Housing 11 District that would have given a new tool to cities with significant workforce housingshortages. 12 The Legislature did not pass the TIF bill, but it did create a $2 million workforce housing12ilot 13 program for three cities in Roseau and Pennington counties. This pilot program is an important 14 step that the Legislature should build upon in the 2014 session. 15 Response: The League of Minnesota Cities supports additional tools for local communities 16 to develop workforce housing. The Legislature and the State should: 17 a) Create a Workforce Housing TIF District that is not constrained by traditional income 18 limits to be used by cities that have low vacancy rates, anticipated or current job 19 growth, or a significant portion of area employees who are forced to commute a 20 significant distance to work; 21 &)b) Expand, and modify as necessary, the workforce housing pilot project to allow other 22 areas of the state that are facing significant workforce housing shortages to use the 23 program; 24 b-)c)_Make permanent the Housing and Job Growth Initiative created by the Legislature 25 in 2013 to aid housing in support of job growth, and amend Minn. Stat. § 462A.33 to 26 eliminate or increase the maximum income levels for participation in the program; and 27 e)d) Coordinate economic development programs in the Department of Employment and 28 Economic Development with housing initiatives of the Minnesota Housing Finance League of Minnesota Cities 2015 City Policies Page 112 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Agency to ensure job growth and economic development is not stifled by a lack of 2 housing for employees. 3 LE-31. Revisions to the OSA Audit Function (PH/GQ 4 Issue: Pursuant to Minn. Stat. § 469.1771, the Office of the State Auditor (OSA) is responsible 5 for tax increment financing (TIF) oversight. As part of its review of TIF districts, the OSA 6 identifies alleged violations of the TIF laws and issues noncompliance notices to TIF authorities. 7 In recent years, a number of cities have received letters of inquiry from the OSA that raise 8 questions about practices long-accepted by the OSA or limit statutory definitions that have not 9 been amended by the legislature for over a decade. The audit power in Minn. Stat. § 469.1771 is 10 necessary to ensure that individual cities comply with the TIF statutes,but is not effective in 11 clarifying the legislative intent of the TIF statutes. 12 In addition, the TIF statute requires that authorities respond to noncompliance notices within 60- 13 days of receiving the notification. There is no deadline for the OSA to respond, and authorities 14 often do not receive timely responses on the matter from the OSA. Government agencies 15 typically have response-time deadlines, and it is appropriate for the OSA to respond by a time 16 certain to provide finality to the audit process. Any final disposition notice must be clear about 17 the final disposition of the matter. 18 Finally, the statutory audit enforcement process does not create an environment where these 19 policy questions can be fairly and sufficiently resolved. County attorneys lack the resources to 20 prioritize TIF disputes and lack the subject matter expertise needed to analyze the merits of the 21 OSA's audit findings. This results in excessive deference granted to the OSA's original audit 22 findings. Faced with the potential loss of increment, payment of attorney fees, and small 23 likelihood of success on the merits, cities often acquiesce to the OSA to save time and money. 24 Response: The League of Minnesota Cities believes there should be a more defined process 25 to establish rules or guidelines for TIF authorities with adequate input from local 26 government officials and public finance professionals prior to their adoption. 27 In the event that the OSA determines to issue a final noncompliance notice to a TIF 28 authority, the Legislature should require the OSA to issue the notice within 60 days of League of Minnesota Cities 2015 City Policies Page 113 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 receiving the authority's response. Any final noncompliance notice should contain the 2 OSA's final position on the matter, the date upon which it forwarded the matter to the 3 county attorney, and the next steps that are required to be taken according to state law. 4 Upon expiration of the 60-day period, the authority should be deemed to be in compliance 5 with the TIF laws if no final noncompliance notice is received. 6 In order to ensure a fair process to resolve disputes over TIF findings of the OSA, the 7 Legislature should consider whether the authority to resolve such disputes should be 8 shifted from county attorneys to the Office of Administrative Hearings. 9 LE-32. OSA Time Limitations (PH) 10 Issue: The Office of the State Auditor(OSA) has the authority to issue noncompliance notices 11 for every existing tax increment financing (TIF) district in the state for alleged violations of the 12 TIF laws. This authority extends retroactively to the inception of the district. Accordingly, TIF 13 authorities can receive noncompliance notices for alleged violations that occurred 20 or more 14 years ago. Often, staff and record-keeping procedures have changed, and TIF authorities find it 15 difficult to reconstruct the past in order to identify and remedy these situations. Similarly, the 16 OSA claims the authority, based on the state's records retention schedule, to audit TIF districts 17 for up to 10 years after decertification, which requires cities to expend staff resources to maintain 18 files and a working knowledge of old districts for an unreasonable period of time. 19 Response: A reasonable timeframe within which alleged violations are identified should be 20 established. The Legislature should reasonably restrict the OSA's ability to issue 21 noncompliance notices to the six-year period prior to the notice's issuance date. The 22 Legislature should also require the OSA to conduct any audits on decertified districts 23 within one year of decertification. 24 LE-33. Adequate Funding for Transportation (AF/LZ) 25 Issue: A well-coordinated state transportation policy utilizing all modes of transportation in 26 moving passengers and freight will enhance the state economic development of new and 27 expanding business as well as foster additional tourism opportunities. League of Minnesota Cities 2015 City Policies Page 114 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 Response: More resources must be dedicated to all components of the state's transportation 2 system, and local units of government must have access to resources and funding tools to 3 meet growing needs. The League of Minnesota Cities supports: 4 a) Development of a comprehensive state transportation policy which provides an 5 environment where all modes of transportation (motor, rail, air,water and pipeline) 6 complement each other in moving passengers and freight within the state. 7 b) The Statewide Transportation Plan 2009-2028 developed by the Minnesota Department 8 of Transportation (MnDOT). 9 c) MVST distribution of 60 percent for roads and bridges and 40 percent for transit. 10 d) A permanent increase in the gas tax. 11 e) Indexing of the gas tax,provided there is a limit on how much the tax can be increased 12 for inflation in a given amount of time. 13 f) Increases in vehicle registration taxes (tab fees). 14 g) Trunk highway bonding provided the Legislature implements reasonable restrictions 15 on the amount of debt service the state will incur, and provided the Legislature 16 appropriates funding to assist with local costs related to projects funded with trunk 17 highway bonds. 18 h) General obligation bonding for local roads and bridges,particularly for routes of 19 regional significance. 20 i) A sales tax increase to fund transportation needs. 21 j) Funding to assist cities burdened by cost participation responsibilities imposed by 22 improvement projects on the state's principal arterial system and on the county state 23 aid highway (CSAH) system. 24 k) Funding for transportation components of economic development and redevelopment 25 projects of regional significance. 26 1) Full funding for all components of state highway projects, including related stormwater 27 management systems,through state sources. 28 m) Funding to build roads to standards that can accommodate the year-round transport of 29 heavy loads. 30 n) A sales tax exemption for materials purchased for state and local road, bridge, 31 sidewalk, trail and transit construction projects. League of Minnesota Cities 2015 City Policies Page 115 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 o) Authority for cities to impose development impact fees for transportation 2 infrastructure. 3 p) Local funding options that would allow cities to raise revenues for roads, bridges, 4 sidewalks, trails, and transit. 5 q) Expanded use of alternative revenue sources such as MnPASS and other tolling 6 mechanisms for funding of maintenance and construction (where feasibility studies 7 indicate the program is appropriate). 8 LE-34. Truck Weight Restrictions on Interstate Highways and Freeways 9 (AF/LZ) 10 Issue:Many of the industries that contribute to Minnesota's economic vitality rely on having the 11 ability to transport heavy loads. At the present time, the interstate highway and freeway system 12 in Minnesota has an 80,000 pound truck weight limit, which is more restrictive than any 13 surrounding state. The 80,000 pound limit assumes all trucks are equipped with five axles. 14 Current law provides that vehicles carrying additional weight may only do so with a permit from 15 the Minnesota Department of Transportation (MnDOT). 16 Business advocates have suggested that Minnesota would have a more attractive business climate 17 and would be more economically competitive with surrounding states if truck weight restrictions 18 were modified. Specifically, they are recommending that Minnesota allow trucks with six axles 19 to weigh up to 90,000 pounds, and trucks with seven axles to weigh up to 95,000 pounds, to 20 operate on the state's interstate and freeway systems. More axles mean the weight is distributed 21 over a wider area, thereby offsetting road wear. Additional axles also improve braking function. 22 Response: The League of Minnesota Cities supports efforts to attract and retain businesses 23 in Minnesota. To that end, the League supports increasing the allowable weight limit for 24 trucks traveling on the interstate highway and freeway systems within Minnesota so that 25 trucks with six axles may weigh up to 90,000 pounds and trucks with seven axles may 26 weigh up to 95,000 pounds without a permit. The League also supports allowing MnDOT 27 to designate routes for heavy loads. League of Minnesota Cities 2015 City Policies Page 116 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 The League opposes limits on local authority to impose and enforce weight restrictions on 2 local roads and bridges. 3 LE-35. Turnbacks of County and State Roads (AF/LZ) 4 Issue:As road funding becomes increasingly inadequate, more roads are being "turned back"to 5 cities from counties and the state. 6 Response: Turnbacks should not occur without direct funding or transfer of a funding 7 source. A process of negotiation and mediation should govern the timing, funding, and 8 condition of turned-back roads. Agreements should be negotiated and finalized before 9 work on a project requiring a turnback begins. City taxpayers should receive the same 10 treatment as township taxpayers. The requirement for a public hearing, standards about 11 the conditions of turnbacks, and temporary maintenance funding should also apply to 12 county turnbacks to cities. At a minimum, roads that are proposed to be turned back to a 13 city government should be brought up to the standards of the receiving government, or 14 that city should be compensated with a direct payment. Direct funding should be provided 15 for smaller cities that are not provided with turnback financing through the municipal 16 state aid system. 17 LE-36. MnDOT Rights-of-Way Maintenance (AF/LZ) 18 Issue: Maintenance of property, including government property and facilities, is important to 19 public safety and to the image of Minnesota cities. Cities are acutely aware of the responsibility 20 they have for enforcing property maintenance codes pertaining to grass mowing, noxious weed 21 abatement,the placement of trash in yards and fence maintenance. 22 Minnesota has many miles of highways that run through cities. In recent years, the Minnesota 23 Department of Transportation(MnDOT) has cut a substantial percentage of its rights-of-way 24 management staff. The cuts have resulted in reduced maintenance along some corridors and on 25 parcels acquired by MnDOT for transportation purposes. Specifically, MnDOT has reduced the 26 frequency of mowing, litter collection, noxious weed abatement, graffiti abatement and repair of 27 fences and guard rails. This maintenance reduction has created public safety concerns, League of Minnesota Cities 2015 City Policies Page 117 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 undermined efforts to keep corridors attractive and presented challenges for communities 2 working to promote economic development. 3 Response: MnDOT must maintain state rights-of-way and parcels acquired by MnDOT for 4 transportation purposes located within city limits in a manner consistent with local 5 ordinances governing the upkeep of private property when requested by the city. 6 Alternatively, MnDOT should reimburse Minnesota cities for the labor, supplies, and 7 equipment necessary to maintain state rights-of-way to meet city standards and/or 8 minimize public safety hazards. The Legislature must provide MnDOT with adequate 9 funds to maintain state rights-of-way. 10 LE-37. Road and Transit Funding for Cities Under 5,000 (AF/LZ) 11 Issue: Cities under 5,000 population do not receive any non-property tax funds for their collector 12 and arterial streets. Citing this fact, the 2005 Legislature appropriated $4 million in additional 13 local government aid (LGA) to be distributed to cities under 5,000 population. However, this 14 increase amounts to a fraction of what cities over 5,000 population receive in municipal state aid 15 (MSA) from the Highway User Tax Distribution Fund (HUTDF). Additionally, small cities are 16 underserved by regional transit services and do not have resources to create or maintain 17 independent transit systems. 18 Response: Cities under 5,000 population that are not eligible for MSA should be able to use 19 county municipal accounts and the 5 percent account of the HUTDF. 20 Uses of county municipal accounts should be statutorily modified so counties can dedicate 21 these funds for local arterials and collector streets within cities under 5,000 population. In 22 addition, the 5 percent set-aside account in the highway user distribution fund should be 23 used to meet this funding gap. 24 Finally, state leaders should equitably distribute transit resources so that residents of small 25 cities have adequate access to transit services. League of Minnesota Cities 2015 City Policies Page 118 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 LE-38. Complete Streets (AF/LZ) 2 Issue: There is increasing public support for the reform of local street design policies to make 3 streets safer for pedestrians, cyclists and neighborhood residents. 4 Response: The League of Minnesota Cities supports reforms in state design guidelines for 5 local streets that would give cities greater flexibility to safely accommodate all modes of 6 travel,including walking and biking. The state should also provide incentives such as 7 grants to local units of government working to advance complete street projects. 8 Crosswalks and Safe Routes to School projects should be eligible for incentives. 9 The League opposes state imposed unfunded mandates that would increase the costs of 10 building streets in contexts where facilities for cyclists and pedestrians are unnecessary or 11 inappropriate. 12 LE-39. Railroads (AF/LZ) 13 Issue: Railroads impose far-reaching and long-term impacts on communities. The impact of 14 railroads on communities has become more pronounced in Minnesota as the number and length 15 of trains have increased due to frac sand and crude oil entering the state by rail to and from North 16 Dakota. While railroads often support economic activity and can relieve pressure on roadway 17 and bridge infrastructure, they also bring noise, environmental impacts and safety challenges. 18 Below are some of the concerns cities have raised about railroads: 19 a Local public safety personnel are underequipped to respond to a potential derailment of a 20 train carrying hazardous materials such as crude oil or nuclear products 212) The cost-share ratio related to roadway crossing improvements is borne 22 disproportionately by the public sector. Some estimates are 80 percent public to 20 percent 23 private funding, regardless of the public entity's ability to pay or whether service is provided 24 within the community. Funding has not kept pace with the growing need for grade 25 separations. League of Minnesota Cities 2015 City Policies Page 119 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 b Legislation brought by the railroad industry that would exempt railroads from stormwater 2 fees and assessments and shift the cost of complying with stormwater management to other 3 property owners. 4 od) The financial burden is faced by the public sector to deal with mitigation improvements, 5 a cost that the Surface Transportation Board (STB) is not requiring the private sector to pay. 6crossings 7 are blocked by both long moving trains and by trains that stop and remain stopped, 8 sometimes for hours at a time. Blocked crossings delay motorists and sometimes prevent 9 passage of emergency vehicles. 104_ Difficulty and expense of imposing and enforcing whistleblowing ordinances. 11 �WUnabated graffiti on railroad cars and structures. 12 #}h) Pre-emption of local and state authority to regulate railroad activities. 13 Response: The League of Minnesota Cities opposes legislation and policies that 14 disproportionately shift authority, costs and/or liability away from railroad companies and 15 onto other entities. The railroad industry, along with state and federal government, must_ 16 a adequately mitigate the negative impacts of railroads on communities; 17 b) allow local governments to enforce the existing law regarding the maximum time 18 a crossing may be blocked; 19 c) allow local governments to enforce whistle-free zones; 20 d) impose and implement safety standards that are in the best interest of the 21up blic; 22 e) equip and train local public safety officials to respond to potential catastrophic 23 rail incidents; and 24 0 develop plans and identify funding sources for more grade separations between 25 railways and roadways. Railroads must be required to pay the fun eost of at 26 gFade ifflPFovements that benefit the rail industry „ are mqHked for- safe 27 eFOSSiflgS. League of Minnesota Cities 2015 City Policies Page 120 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 The public sector should not incur the costs of improvements sought by the private sector, 2 and cities should not be required to fund most of the cost of crossing repairs or 3 improvements. The federal government must exercise greater oversight of the STB to 4 ensure fair and equitable solutions are reached when dealing with cities in Minnesota. 5 Finally,the Minnesota Department of Transportation's (MnDOT's) Office of Freight and 6 Passenger Rail should advocate on behalf of local communities when conflicts between 7 cities and railroad entities arise. 8 LE-40. Airport Planning and Funding (AF/LZ) 9 Issue:Airports are an essential component of Minnesota's transportation infrastructure. The 10 Minneapolis-St. Paul International Airport (MSP) serves as an important gateway to the region, I I the nation and global markets. It serves as a primary access point to our national airport system. 12 This airport, even with all the planned improvements, will eventually reach its capacity. The 13 state needs to implement a long term strategy to make better use of other airport facilities and 14 existing resources, reduce environmental impacts, and achieve sound and sustainable economic 15 growth throughout the state. 16 Aviation planning is a multi-layered effort with different levels of responsibilities. Currently, the 17 State Airports System Plan is put together by MnDOT with individual pieces developed by the 18 Federal Aviation Agency(FAA), Metropolitan Council (MC), and Metropolitan Airports 19 Commission (MAC). Aviation planning could be improved by a more unified statewide effort 20 and coordination of the various aviation strategies through creation of an oversight body. 21 Minn. Stat. § 360.017 establishes the State Airport Fund and authorizes the Minnesota 22 Department of Transportation (MnDOT) Office of Aeronautics to support cities, counties and 23 townships in the planning, development, maintenance and safe operation of public airports. In 24 290-3 recent years, in order to help balance the state's budget, the Legislature transferred$44 25 mien funds from the State Airport Fund to the General Fund. 26 Ftind i 2007 were dyed to 2008,then again t 2009, and t f•l t t, i a , v—1, , azrrvrcTcc , c-scrr6vraicc 27 28 will be hindered by the ufi&vailability of these fevefmes. Although the borrowed funds were League of Minnesota Cities 2015 City Policies Page 121 2015 DRAFT POLICIES—IMPROVING LOCAL ECONOMIES 1 eventuallypaid in full, efforts to preserve and improve the quality of airports throughout the 2 state were hindered by the unavailability of these revenues. 3 Response: The state needs a higher degree of integration of agencies (FAA,MnDOT,MC, 4 and MAC) and communities related to aviation planning. The League of Minnesota Cities 5 supports the development of a statewide airport advisory board,which could provide 6 input, review and make recommendations to assist in development of a comprehensive 7 statewide State Airports System Plan. 8 The state needs to make planning and investment decisions that will maximize the potential 9 for airports to become economic development centers that provide access to domestic and 10 global marketplaces. Investments in airports allow existing businesses to remain and grow, 11 help attract new businesses,increase employment, and lower product and service costs for 12 the benefit of the region. Finally,the Legislature Must r-epay the State Airport Fand S-0 13 Finally, the 14 Legislature should not authorize shifting of dedicated State Airports Fund dollars to 15 resolve general fund deficits. League of Minnesota Cities 2015 City Policies Page 122 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 DRAFT: HUMAN RESOURCES & DATA PRACTICES 2 HR-1. Personnel Mandates and Limits on Local Control (AL/LK) 3 Issue: Many state laws increase the cost of providing city services to residents by requiring city 4 governments to provide certain levels of compensation or benefits to public employees,by 5 specifying certain working conditions, or by limiting city governments' ability to effectively 6 manage their personnel resources. For instance, existing state laws limit governments' ability to 7 effectively address incompetence or misconduct of city employees by specifying certain 8 procedures or standards of conduct that cities must follow. Several laws are potentially 9 contradictory and force local governments to choose which one to follow. 10 Response: Any new legislation and changes to existing legislation should meet the following 11 goals: 12 a) Recognize the need for local decision-making authority by local elected officials with 13 regard to the terms and conditions of employment for local government employees (e.g., 14 allow local elected officials to determine employee compensation, employee recognition, 15 and to make employee benefit decisions about domestic partner benefits and coverage 16 of extended family by sick leave policies). 17 b) Provide funding that pays the full costs of any mandated employment-related 18 expenditures. 19 c} Avoid and eliminate expensive and time-consuming duplicative legal protections and 20 processes for public employees. 21 d) Eliminate contradictory existing laws regarding public employment. 22 c) Eliminate mandates for local government employers that are not imposed upon the 23 state as an employer. 24 f) Use the collective bargaining process established by state law, rather than legal 25 mandates,to determine benefits for employees covered by collective bargaining 26 agreements. League of Minnesota Cities 2015 City Policies Page 123 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES I HR-2. Firefighter and Ambulance Payroll (LK/AF) 2 Issue: Traditionally, many volunteer and paid on-call fire departments have issued paychecks 3 only once or twice per year. Payroll checks in these types of departments would be quite small if 4 issued biweekly or even monthly so employees prefer to receive larger checks once or twice per 5 year. Issuing checks less often saves time and money for administrative staff who prepare the 6 payrolls. However, Minn. Stat. § 18 1.101 specifies that wages must be paid at least once every 7 31 days, regardless of whether the employee requests to be paid at longer intervals. 8 Response: Minn. Stat. § 181.101 should be amended to exempt volunteers and paid on-call 9 employees of fire and ambulance services from the requirement to be paid every 31 days. 10 HR-3. Pay Equity Compliance (LK/AL) 1 I Issue: In 1984, the Legislature passed the Local Government Pav Equity Act to eliminate sex- 12 based wage disparities in public employment. The Act requires each local government to submit 13 reports of its pay structure to the state's Pay quity Compliance Coordinator within the 14 Department of Management and Budget. The data is then subject to analysis to determine if there 15 are inequities in the city's pay structure. Since its passage, the administrative rules implementing 16 the Act have not substantively changed. 17 , 18 elifnina4e ejiy gender- based wage ine"ifies in eempensa-fieii. These entities are r-equir-ed to file 19 . 20 Th-e-,20 Q_-3 1—egislatur-e adopted a two year-r-epoi4ing mef ator-iuf n and extended the pay equit� 21 22 , 23 pr-evieias three year-pay equity fepefting eyele. 24 Response: The League of Minnesota Cities supports the Local 25 Government Pay Equity Act, and seeks to partner with the Legislature and the state's Pav 26 Equity Compliance Coordinator to update and improve the current system so that cities 27 can more efficiently and effectively fulfill the mandated reporting requirements. buthits League of Minnesota Cities 2015 City Policies Page 124 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1eoneerms about the administrative bur-dens asseeinted with the existing . Local 2 governments and the state shouldLT-he League supports the unfunded state 3 reporting ts assoeiated with this law, modifying the defin.tion of« pu 4 " to fit with the way that eifies titilize seasonal and tempora"workers, extending, 5 the reporting eyele, 6 • Explore and document problems individual local governments are experiencing, and 7 evaluate whether the problems are widespread and if they can be resolved 8 administratively; 9 !-1ffqwev4n#-Evaluate the e'�ie reporting process, and make recommendations for 10 improvement as needed; 11 • Review the methodology for analyzing pay equity data,= and 12 • Evaluate the process by which cities receive notification of 13 reporting requirements and compliance issues and make recommendations for 14 improvement as needed. 15 HR-4. Public Employment Labor Relations Act (PELRA) (LK/AF) 16 Issue: The League of Minnesota Cities supports the purpose of the Public Employment Labor 17 Relations Act (PELRA) to balance the rights and interests of public employees,public 18 employers, and the general public. However, certain changes are necessary to assist public 19 employers in implementing this law. For example, current definitions of"public employee" are 20 confusing and difficult to manage. In addition, the arbitration process has produced decisions 21 that are contrary to the interests of the public, and the legal standard for overturning arbitration 22 decisions is very difficult to meet. Also, recent interpretations of Minn. Stat. § 179A.25 23 (independent review of non-union employee grievances)has created uncertainty and confusion 24 in the longstanding judicial process used by courts to review city council administrative 25 decisions, particularly employment termination decisions of non-union employees. Additionally, 26 changes to the Uniform Arbitration Act, which became effective in 2011, are likely to increase League of Minnesota Cities 2015 City Policies Page 125 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 arbitration costs for cities and to require changes in the arbitration process that are not needed in 2 a labor arbitration context. 3 Response: Minn. Stat. ch. 179A should be modified to: 4 a) Change the definition of"public employee" under PELRA by removing the existing 14- 5 hour/67-day requirement and replace it with a definition in which employees must work 6 more than an annual average of 20 hours per week. 7 b) Exclude temporary or seasonal employees from the PELRA definition of public 8 employee in Minn. Stat. ch. 179A. 9 c) Provide different options for accessing arbitrators and utilizing the arbitration process 10 in order to "address inequities" between union and management representatives. 11 d) Allow public employers to bypass mandatory arbitration required under PELRA and 12 directly access the district court system in situations where an employee is being 13 terminated for gross misconduct(e.g., sexual harassment, sexual abuse,theft or a felony 14 conviction) that is related to the employee's position with the public employer. 15 e) Repeal Minn. Stat. § 179A.25 or, in lieu of repeal, exclude employment terminations 16 from Minn. Stat. § 179A.25; require a 60-day timeframe for filing a petition for review 17 of a grievance under Minn. Stat. § 179A.25; and clarify that decisions of Bureau of 18 Mediation Services (BMS) under this section are non-binding and merely advisory. 19 f) Exempt labor arbitrations from certain provisions of the Uniform Arbitration Act 20 (Minn. Stat. § 572B.01-.31). 21 HR-5. Payment of Arbitration Fees (LK/AL) 22 Issue: Like other employers, cities must sometimes make difficult employment decisions and 23 uphold certain principles in order to best serve the public. In a union environment, grievance 24 arbitration is generally used as a"last-resort"remedy when a difficult employment decision must 25 be made or to uphold an important principle. Union officials have introduced legislation for the 26 past several years that would require a city or the union to pay arbitration fees if a reasonable 27 settlement is offered and refused in a grievance situation, and the arbitrator ultimately decides on 28 a less favorable remedy. The legislation proposed by the unions could have the impact of League of Minnesota Cities 2015 City Policies Page 126 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 discouraging cities from using the grievance arbitration process in a manner that best serves the 2 public good. 3 Response: The League of Minnesota Cities opposes legislation that would undermine the 4 grievance arbitration process and discourage cities from using the process in the manner 5 intended. Specifically, the League opposes any legislation that proposes payment of 6 grievance arbitration fees when a settlement is offered and declined. 7 HR-6. Essential Employees (LK/AF) 8 Issue: Cities must balance the health, welfare, and safety of the public with the costs to 9 taxpayers. Essential employee status removes the right to strike,but gives the right to mandatory 10 binding arbitration. This status can result in arbitration awards that exceed the city's budget or 11 conflict with the city's compensation policy. In recent years, a number of employee groups have 12 sought and often received essential status. 13 Response: The Legislature should carefully examine requests from interest groups seeking 14 essential employee status under Minn. Stat. ch. 179A (PELRA). The League of Minnesota 15 Cities opposes legislation that mandates arbitration that increases costs and removes local 16 decision-making authority. 17 The League supports a mandate for Final Offer/Total Package arbitration for all essential 18 groups on a trial basis. The League also supports a change in the PELRA law that would 19 strengthen existing language (Minn. Stat. § 179A.16, subd. 7) requiring arbitrators to 20 consider a public employer's obligation to efficiently manage their operations. Specifically, 21 the statute should be amended to require arbitrators to take into consideration any wage 22 adjustments already given to or negotiated with other groups–both union and non-union 23 for the same employer in the same contract year. 24 HR-7. Re-employment Benefits (LK/AL) 25 Issue: Cities employ many workers in seasonal and temporary positions such as parks and 26 recreation-related positions. In the past, such workers generally have not filed for unemployment 27 benefits because there has not been an expectation of continued employment. In recent years, League of Minnesota Cities 2015 City Policies Page 127 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 cities have experienced an increase in the number of such workers applying for unemployment 2 benefits. This increases costs to cities and taxpayers in a way that may not have been originally 3 intended. 4 In the 2012 legislative session, a new law was passed which prohibits employers from entering 5 into agreements with employees not to contest or appeal payment of unemployment benefits as 6 part of a settlement agreement at termination of employment. Because most cities are 7 "reimbursement employers,"the benefits paid to the employee are at the direct expense of the 8 city. 9 Response: Public sector temporary or seasonal employees should not be eligible for re- 10 employment benefits. In addition, cities (as reimbursement employers) should be allowed 11 to enter into agreements with employees not to contest/appeal payment of unemployment 12 benefits as part of a settlement agreement. 13 HR-8. Pension Benefits (LK/GC) 14 Issue: Pension benefit plans have years of service requirements and limitations and exclusions 15 that act to ensure that the fund's administrators have the ability to predict, contain, and control 16 costs. This protects the fund's ability to pay future benefits to its participants. Legislative 17 exceptions to these exclusions and limitations can undermine this ability. Cities should have the 18 ability to weigh-in on these decisions through city council approval. 19 Response: The League of Minnesota Cities opposes special legislation for individual 20 employee pension benefit increases unless the legislation addresses a clerical or 21 administrative error or is initiated and approved by the city council of the impacted city. 22 HR-9. Employer Contributions to Public Employee Pension Plans (AF/PH) 23 Issue: In 2010, the Legislature and governor enacted pension stabilization legislation to address 24 the funding deficiency in the PERA General Plan and the PERA Police and Fire Plan. In 2013, 25 the Legislature passed additional stabilization legislation for PERA P&F. The League of 26 Minnesota Cities supported the modifications to the PERA plans, which included increases in 27 employer contributions,because due to the fact that the employer contribution increases were League of Minnesota Cities 2015 City Policies Page 128 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 paired with other significant benefit savings including benefit reductions from active employees 2 and retirees that helped place the plans on a more stable financial footing. 3 4 pensien obligatiefts pu4eg -fain en eybtidgets. While the base contribution rate for 5 employees and employers in the PERA General Plan is equal, Minn. Stat. § 353.27, subd. 3a 6 requires employers to make an additional I% contribution until the actuarial value of the plan 7 assets equal or exceed the liabilities. Employees do not have a similar obligation to help the 8 General Plan reach full funding. In 1998 the state began making PERA aid payments to 9 municipalities to offset the cost of increased employer contributions. While the PERA aid 10 payment rate is frozen at 1999 levels, the additional employer contribution has increased from 11 .43%to 1.0%. In 199 PERA aid.,V. 1 1 �r t t>, e employer- t i. , i a..+i�.[a 4 111J1VLV , 12 ffigEing the net employer- eentfibution eqeal to t44 of emplayees. hi 2011, however-, etnpleyer-s 13 paid e than 111 o/V f V ft , ee nt-r-i.,,.; r' $37 c ;11; dtaff employees. evef 14 On January 1, 2015, the employer and employee contribution rates will increase by 0.25% of 15 salary by operation of the automatic contribution adjustment mechanism in Minn Stat § 353 27 16 subd. 3b. The increase was triuered because for two consecutive years there was an annual 17 contribution deficiency in excess of 0.5% of covered payroll 18 For PERA P&F, in 2013 employers paid 14.4% of salary, while employees paid 9.6%, reflecting 19 the historical ratio of 40% employee contribution to 60% employer. In 2014, the employer 20 contribution increased to 15.3% and the employee contribution increased to 10.2% while in 21 2015, the employer contribution will again increase to 16.2% and the employee contribution will 22 increase to 10.8%. Sinee 2006, effipl yer-entfi tAie s to PERA P&>;h t,e; o oa by 23 ° ,46 and pokee sta4e aid 24 0eeatfimbti4ien fates will inefease to 0 7; and- 25 10.8° , 26 PERA A P& selye,..,,<,pla L.rV 1✓ 1 LI • 27 Response: Any further increases in employer contributions should only be considered by 28 the Legislature after other measures have been considered, including: League of Minnesota Cities 2015 City Policies Page 129 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 For PERA General Plan: 2 a) a 1.0-ON6an increase in employee contributions so that employees and 3 employers truly bear the same responsibility to bring the pension plans to full funding; 4 or 5 hLthe removal of the cap on PERA Pension Aid payments so the state equalizes the 6 contributions of employees and employers. 7 b}--c) A review of the automatic contribution adjustment mechanism in Minn. Stat. 8 353.27, subd. 3b to ensure that additional employer and employee contribution 9 increases are truly needed to protect the long-term stability of the General Plan. 10 For PERA P&F: 11 ddan initial increase in the employee contribution of at least 1.0% of salary with 12 subsequent increases split evenly between employee and employer so that the 13 contribution ratio moves toward a more equitable split between employees and 14 employers; or 15 g)_An additional general fund appropriation to fund the deficiency in police and fire 16 pension aid payments so that the state equalizes the contributions of employers and 17 employees. 18 19 For both PERA General Plan and PERA P&F, the establishment of a hybrid pension plan 20 requiring a Defined Contribution component to the public employee retirement plans. 21 The League is open to exploring the establishment of a completely new pension system for 22 new hires in PERA General and PERA P&F that is more cost effective for public 23 employers and reflective of demographic realities. Closing an existing defined benefit plan 24 and replacing it with either a hybrid or defined contribution pension plan can increase 25 short term costs and decrease revenues for the closed plan. If an alternative plan is 26 implemented,the Legislature must ensure that the closed public pension plan remains 27 financially viable. 28 The 2014 levy limit does did not exempt levies needed to cover the required contribution 29 increase for cities.When levy limits are in place, cities and counties must be able to League of Minnesota Cities 2015 City Policies Page 130 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 increase their property tax levy to cover PERA contribution increases. School districts lack 2 the underlying levy authority to fund required pension payments. Because nearly half of 3 active PERA members are school district employees, the League supports providing school 4 districts with additional levy authority to cover the cost of additional contribution 5 increases. 6 148-10. implementation Of Au+Oaftfli CO t •tiutio 7 (GGP14) 7 Issuer For-the PERA Gener-al Plan, if giefe is a eafftfibution defieieney equa4 to E)r-gfeatef di 0.5 per-eent of eQvered pa�T-E117-Y'fjT-Cwe eenseetAive years, .27, sC[D 'oZ'GCrR11TiJ 9 10 The PERA Beard must eA the proposede to the T slat, e by janu _ 15"h fellawifig 11 , 12 beeemes e fA Tell period of t13G�fisEa1-y2af (jeffe 3e 13 14 15 to the r o slat, e 16 ResponsewT-he LegiskttuFe should amend Minn.-5tat. § 353 27, sRbd.;3bze require that an 17 18 syr-oll period ofth l au year-following the .lar-legislative sessiofti.• i. the 19 . 20 HR-11. Public Employees Retirement Association (PERA) Administration 21 (AF/PH) 22 Issue: In addition to the contributions of employers and employees and the investment returns 23 on pension plan assets,the long-term financial health of Minnesota's public employee pensions 24 is reliant upon numerous statutory and administrative guidelines that impact the level of benefits 25 paid to retirees, and committed to employees. The first consideration whenever modifying any of 26 these guidelines must be the long-term financial health of the plan. League of Minnesota Cities 2015 City Policies Page 131 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Response: The League opposes any benefit improvements for aetive retirees or active 2 employees until the financial health of the General Plan and the Police and Fire Plan is 3 restored. 4 The League also supports the following plan modifications that will help align PERA 5 contributions and costs, and reduce the need for additional contribution increases: 6 a) The League believes the legislative intent of"in-line of duty" disability retirement 7 benefits for police officers and firefighters was to provide special protection for police 8 officers and firefighters when they are performing the type of duties that are uniquely 9 required for their jobs. The League supports the statutory changes made to Minn. Stat. 10 §353.01 in 2007 that separate injuries resulting from "hazardous duties" from injuries 11 resulting from "non-hazardous duties" for purposes of police and fire disability 12 retirement benefits. The League will monitor the effects of the 2007 changes as they are 13 implemented. 14 b) The PERA eligibility guidelines must be modified to take into account temporary, 15 seasonal, unique part-time, and student employment situations in cities—particularly in 16 recreational operations. The plan should be modified to use pro-rated service credit, 17 which would make PERA consistent with the other major Minnesota pension plans. 18 The League supports a comprehensive review of exclusions with an eye toward 19 simplifying current eligibility guidelines. Such a review should also include a possible 20 revision of current penalties for employers that fail to report covered employees to 21 ensure that these penalties are not overly harsh and punitive. 22 cj The League opposes the expansion of the PERA corrections plan to include dispatchers 23 due to the substantial differences between the dispatchers and the other positions 24 covered by this plan. 25 The League supports the following policies to the extent that their implementation would 26 not negatively impact the financial health of the pension funds nor result in employer 27 contribution increases: 28 d} The League supports the transfer of all school district employees out of the PERA 29 General Plan and into another fund that is more appropriate for school district 30 employees. League of Minnesota Cities 2015 City Policies Page 132 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 e} Cities should be allowed to continue to effectively use retirees in reemployment 2 situations. The League supports policy changes which would include an increase in the 3 earnings threshold for such retirees. The League supports keeping the required break 4 in service at 30 days and opposes suspending payments to retirees. 5 HR-12. Volunteer Firefighter Pension Benefits (AF/GC) 6 Issue: Cities throughout the state have established individual pension plans with different levels 7 of pension benefits for their volunteer firefighter relief association members. The efficiency of 8 this system has been questioned by various members of the Legislature and by state agencies 9 from time to time. Further, in recent years, many local plans have sustained investment losses. 10 These losses are required to be amortized over a ten-year period. This 10-year amortization 11 period presents fiscal challenges to cities that are already facing budget cuts. 12 The 2009 Legislature created a voluntary statewide volunteer firefighter retirement plan to 13 provide an alternative fire relief retirement option to local units of government, and in 2010, the 14 Legislature modified the plan to provide additional benefit levels. 15 Response: The League of Minnesota Cities supports the statewide volunteer firefighter 16 pension plan provided: 17 a) Participation in the plan remains voluntary, not mandatory; and 18 b} The plan takes into account and accommodates the different financial capacities and 19 needs of a wide variety of cities. 20 The League also supports extending the statutory amortization period to a maximum of 21 twenty years. 22 HR-13. Retirement Work Incentives (LK/AF) 23 Issue: Demographic experts warn that as the baby boomers retire, employers will begin to 24 experience a significant labor shortage and lose the substantial expertise and knowledge of a 25 fully-trained workforce. In addition, retirees are living longer, are healthier, and able to work 26 longer. Therefore, one solution to the coming labor shortage is to provide some incentives for League of Minnesota Cities 2015 City Policies Page 133 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 retirees to continue working after retirement or to postpone full retirement with a"phased-in" 2 approach that would allow"knowledge transfer"to take place between the retiree and less- 3 experienced replacement staff. 4 In the 2009 legislative session, a Phased Retirement Option (PRO)program was created for 5 PERA Coordinated Plan participants. The PRO program meets many of the goals of workforce 6 planning. However, cities would benefit from broadening the criteria for participation; currently, 7 only employees age 62 or older can participate. In addition, the program is scheduled to sunset 8 in-2414 2019. 9 Response: The League of Minnesota Cities supports changes to the PRO program (if 10 actuarially neutral for PERA pension plans) that would: 11 a) Broaden the criteria for participation to allow employees to participate at a younger 12 age, such as Rule of 90 employees,if such a change can be made without damaging the 13 tax-favored status of the plan. 14 b) Remove the sunset provision to allow the plan to continue past 394 2019. 15 14148 44. Part Time Penne nffl`nr-Liee ses (AF) 16 , 17 18 19 empleyed d+ifing the yeffir-s 1-99-6 *-:hlf Oldgh 1999. For-many eities, this eap i — 20 Some stake-h-A-1-d-eff-s believe paA time offieer positions eeffipr-emise pr-4assiaaal standards within 21 22 23 l o e entiffely. 24 , eate 25 -A.4-i4flIff e,s A-t_a PC i t i e s a f e e x p i i _. pulation deer-eases. These faeter-s have made it Eliffieult fe 26 27 . League of Minnesota Cities 2015 City Policies Page 134 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Responser The League of Minnesota Cities believes individual eities are in t-he best position 2 to make publie safety staffing deeisions for eammunifies and opposes eff-oAs to eliffliflate 3 paFt time offieer-lieenses. However-, the heague is also sensifi-ve to eeneer-ns about fiftbifit-y 4 issues and maintaining high standaMs-€er pefiee-e eer-fieensm-e—tee Leese suppor-ts a 5 study of the issue of paA time fieenses with the aim of maintaining the v4abifity of a quality t- aaeovLa-cifie.T. 7 1111-15. State Paid Police and Fire Medical Insurance (AF) 8 Issue: Minn. Stat. § 299A.465 requires public employers to continue health insurance benefits 9 for firefighters and peace officers injured in the line of duty. The law originally contained a 10 provision requiring the Department of Public Safety(DPS) to reimburse employers for the full 11 amount of administering this benefit. 12 Before 2008,many of the claims approved under Minn. Stat. § 299A.465 were for injuries 13 sustained while engaging in non-hazardous, on-the-job activities such as fitness training or office 14 duties. The number of eligible claimants combined with rising health insurance costs began to 15 strain the fund. By 2002, the fund created to provide this benefit became deficient. 16 Instead of increasing the fund, the 2003 Legislature amended the law to pro-rate reimbursements 17 to cities based on the amount available and the number of eligible applicants. The 2003 law 18 change triggered a significant and unanticipated cost to cities. Even if the health insurance 19 benefit was discontinued entirely, the costs for existing recipients will substantially increase well 20 into the future due to the growing cost of health insurance. 21 The 2005 Legislature attempted to mitigate the impact of this law on employers by providing 22 additional reimbursement funds and creating a stakeholder panel to determine eligibility for 23 benefits under Minn. Stat. § 299A.465. However, the Legislature preserved the language that 24 reimburses employers on a pro rata basis, and the law continued to exist without the definitions 25 necessary to narrow eligibility for the benefit and meet the intent of the law. The panel, which 26 expired on July 1, 2008, did not succeed in narrowing eligibility for the continued health 27 insurance benefit, in part because the few claims denied by the panel were overturned by the 28 courts. League of Minnesota Cities 2015 City Policies Page 135 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 In 2007, the Legislature attempted to limit eligibility for PERA police and fire line-of-duty 2 disability benefits by defining "duty disability" as an injury sustained while performing activities 3 that present"inherent dangers specific to these professions." This means public safety employees 4 injured while performing duties that do not present inherent dangers would be ineligible for line- 5 of-duty disability benefits. Due to the correlation that has been established between the PERA 6 police and fire line-of-duty disability benefits and the continued health insurance benefit under 7 Minn. Stat. § 299A.465, early indications are that this change is resulting in a decline in 8 eligibility for continued health insurance. 9 Response: The League of Minnesota Cities supports the following legislative actions to 10 address the funding deficiency in this program: 11 a) The state must fully fund programs that pay for health insurance for police and fire 12 employees injured or killed in the line of duty as originally required under Minn. Stat. 13 § 299A.465. 14 b) Cumulative injuries that occur over time in the job should not qualify a police officer or 15 firefighter for benefits under Minn. Stat. §299A.465 since these types of cumulative 16 injuries are not unique to the dangers of police officer and firefighter duties. 17 c) The Legislature must clarify that the amount of an employer's contribution under 18 Minn. Stat. § 299A.465 is no greater than that given to active employees in the same job 19 class. 20 d') The Legislature must establish the minimum criteria used to determine ability to work, 21 and set a percentage threshold of disability for eligibility into this program. At a 22 minimum, the Legislature must identify that a workers' compensation determination as 23 to whether the injury is work-related is necessary in order to receive the benefits under 24 Minn. Stat. § 299A.465. 25 e) Employees who receive a police and fire disability retirement benefit and accept 26 another job that offers them group health benefits should be required to pay for their 27 group health benefits with the city should they decide to continue them. The Legislature 28 must amend Minn. Stat. § 299A.465 to reflect that employees are required to inform the 29 city when they become eligible for coverage under another group plan and that failure League of Minnesota Cities 2015 City Policies Page 136 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 to do so is grounds for termination from the benefits granted under Minn. Stat. 2 §299A.465. 3 HR-16. Health Care Insurance Programs (LK/AL) 4 Issue: Cities, like other employers in the state, are struggling with the rising costs of health care 5 insurance for their employees. In addition, cities must cope with unfunded mandates imposed on 6 them by the Legislature such as the requirement to pool early retirees with active employees and 7 the requirement to bargain over changes in the "aggregate value" of benefits, even when the 8 city's contribution has not changed. 9 Response: The League of Minnesota Cities supports legislative efforts to control health 10 insurance costs while maintaining quality health care services. However, cities have 11 differing local needs and circumstances and must retain the flexibility to provide unique 12 and creative solutions to the rising costs of health care insurance for their employees. The 13 League: 14 a) Opposes legislative action that undermines local flexibility to manage rising health care 15 costs. 16 b) Encourages the Legislature to carefully examine any new, mandated insurance-related 17 benefit before imposing it upon city employers to make sure it does not contribute to 18 the rising cost of providing health insurance or create conflicts with federal mandates. 19 c) Supports changes to Minn. Stat. §471.6161, subd. 5, that would clarify the intent of the 20 subdivision is to address changes in cost vs. changes in value. For example: (1) a change 21 in provider networks does not constitute a change in the "aggregate value of benefits;" 22 (2) a change in benefit levels required by an incumbent insurance carrier does not 23 constitute a change in "aggregate value." In addition, the League supports changes to 24 Minn. Stat. §471.6161 that would clarify that an exclusive representative of a local 25 government bargaining unit may not use the provisions of Minn. Stat. §471.6161 to 26 block a local government's compliance with state and federal laws, such as the 27 provisions of state federal health care reform or to incur the federal excise tax known as 28 the "Cadillac Tax". League of Minnesota Cities 2015 City Policies Page 137 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 d) Supports changes to Minn. Stat. § 471.61 that would allow cities to pool all retirees 2 (those under or over age 65) separately from active employees to help cities avoid the 3 liabilities associated with the new Government Accounting Standards Board (GASB) 4 requirements on "implicit subsidy." At a minimum, limit the requirements to continue 5 coverage and to pool retiree claims experience to the date the retiree and/or dependents 6 become eligible for federal Medicare coverage. 7 e) Supports a clarification to Minn. Stat § 471.61 and to Minn. Stat. §471.617 to explicitly 8 alleviate a city's responsibility to comply with group health benefits mandated by state 9 law when the city's employees are covered under a union plan authorized by federal 10 statutes. 11 f) Supports statutory authorization for cities to collect up to a two percent administrative 12 fee from retirees receiving post-retirement health insurance benefits. 13 g) Opposes a centralized, statewide health insurance option for active or retired employees 14 unless: a) participation in the plan is offered on a voluntary, not mandatory, basis; and 15 b) the plan takes into account and accommodates the different financial capacities and 16 needs of a wide variety of cities. 17 h) Supports changing Minn. Stat. § 62A.21 to place reasonable limits on health care 18 continuation for former spouses. Former spouse coverage should be limited to 36 19 months of coverage following the date of divorce (the current standard under the 20 Federal COBRA law), or to the date the former spouse becomes eligible for coverage 21 under another group health plan,including a MNsure plan or federal Medicare 22 coverage. 23 HR-17. Workers' Compensation (GC/LK) 24 Issue: Rising medical costs are an increasingly serious problem for all employers and insurers, 25 and now represent over half of all loss costs within the workers' compensation system. Medical 26 costs will be a major driver of future workers' compensation premium increases. In addition, 27 virtually every year legislators introduce proposals to expand the heart, lung and infectious 28 disease presumptions for public safety workers, or to make the presumptions more conclusive 29 and difficult to rebut. These types of benefit expansions further increase municipal workers' 30 compensation costs. League of Minnesota Cities 2015 City Policies Page 138 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 In the last several years,the Workers' Compensation Advisory Council (WCAC), a joint labor- 2 management committee whose purpose is to review proposals for benefit changes or other 3 amendments to the workers' compensation system, has been discussing ideas to address 4 escalating medical costs. While the WCAC system has worked well for many years to help 5 stabilize and de-politicize workers' compensation issues, more recently this group has had 6 difficulty reaching agreement on more controversial issues. However, in 2007 the WCAC 7 recommended legislation that would have helped contain medical costs in the workers' 8 compensation system by adjusting some payments to hospitals to offset greater benefits for 9 workers. 10 The Workers' Compensation Reinsurance Association (WCRA) is a nonprofit organization that 11 reinsures all workers' compensation insurers and self-insured employers in Minnesota. The 12 WCRA assures financial security for Minnesota's employers and their most seriously injured 13 workers by providing cost-effective reinsurance coverage. There may be legislative attempts to 14 allow insurers or employers to opt out of the WCRA, which could have a negative impact on the 15 viability of the WCRA due to adverse selection problems. 16 In 2013, the legislature added post-traumatic stress disorder(PTSD) as a compensable injury 17 under Minn. Stats. § 176.011 by defining PTSD to be an occupational disease, which results in a 18 situation where WCRA reinsurance would treat multiple PTSD occurrences related to a single 19 event as separate "occurrences" for purposes of the reinsurance. The result is that the total dollar 20 cost to a city or other employer who self-insures, a self-insurance pool such as the League of 21 Minnesota Cities Insurance Trust, or a private insurance company for a single incident with 22 multiple PTSD-affected workers could potentially be much greater than the dollar amount of the 23 WCRA retention the city has selected for other covered injuries. 24 Dttr-i b--the 2012z R���, on,'l-we—int+edueed In 2014, a Minnesota Supreme Court 25 decision found that provisions in the Workers' Compensation statute which allow workers 26 compensation benefits for permanent and total disabilities to be offset by disability benefits and 27 pension benefits such as Social Security does not apply to retirement benefits of the Public 28 Employees Retirement Association. This decision will allow these injured employees to "stack" 29 PERA retirement benefits on top of Workers' Compensation benefits League of Minnesota Cities 2015 City Policies Page 139 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 employees, resulting in an employee being potentially able to receive ep te 1260,; more net 2 compensation than his/her pre-injury salary. The cost of this expansion would likely aver—age 3 be passed on to cities and their taxpayers through 4 premium or self-insurance cost increases. The League is also concerned that this measufe 5 decision would have a similar outcome to that of the public safety health insurance bill (Minn. 6 Stat. § 299A.465) which incentivized public safety employees to seek disability pensions and 7 resulted in an extremely expansive and costly program which took many years to rectify. 8 Currently, the WCAC does not have a public employer representative to explain the unique 9 impacts of this type of change on the public sector. 10 Response: Legislative action is necessary to address increasing workers' compensation 11 costs,particularly rising medical costs. The League of Minnesota Cities supports use of the 12 WCAC system to consider proposals for changes to the workers' compensation law, and 13 urges the WCAC and the Legislature to approve medical cost containment reforms. The 14 League also supports adding a designated public sector employer representative to the 15 WCAC. 16 The League opposes expansion of workers' compensation and related health insurance 17 benefits because of the potential for dramatically increasing costs to cities. Specifically,the 18 League opposes expansion of the heart,lung and infectious disease presumptions as well as 19 any expansion of the law that would require payment of health insurance premiums or that 20 would include mental injuries that have no physical cause or manifestation. 21 The League also supports continuing the WCRA as the mandatory workers' compensation 22 reinsurer for insurers and self-insurers in Minnesota and supports modifying state statutes 23 to treat PTSD events involving several affected parties as one occurrence for retention 24 purposes, thereby reducing the exposure of self-insured entities and the statewide 25 insurance pools. Such a change would not have any effect on the benefit an individual 26 employee would receive. 27 Finally, the League opposes-supports legislation that would disallow the "stackmi " of 28 PERA retirement benefits and Workers Compensation benefits instead of using the 29 " due to the fact that some injured employees would end up League of Minnesota Cities 2015 City Policies Page 140 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 with total compensation from workers' compensation and PERA retirement benefits that 2 would be well above the salary that they had been earning and the fact that the costs 3 would ultimately be passed on to cities and 4 eventuall�-their taxpayers. 5 HR-18. Breathalyzers (LK/AF/AL) 6 Issue: Currently,breathalyzer use is permitted for alcohol testing under federal commercial 7 drivers' laws. Minnesota law does not clearly allow for the use of breathalyzers in testing. 8 Response: Minn. Stat. § 181.950-.957 should be amended to permit the use of breathalyzers 9 as an acceptable technology for determining alcohol use. 10 Currently, some cities are using a blood draw sample to determine blood alcohol levels 11 based on this law. A blood sample can be used to test for genetic information diseases and 12 other inappropriate information. The alternative of using a breathalvzer is less invasive, 13 provides an instant result, and is the widely accepted method for complying with alcohol 14 testing laws. 15 HR-19. Veterans Preference (LK/AL) 16 Issue: The League of Minnesota Cities recognizes the important contributions veterans have 17 made and agrees with the intent of legislation that gives veterans certain preferences in 18 employment. However, since the veterans preference law was initially passed, the number of 19 employment protections has greatly increased. This includes a federal law that specifically 20 protects veterans from employment discrimination. 21 Gha*ges were made in the 2009 legisWive session w-hieh gave Stft4e of Mimieseta veteran 22 employees the saffie appeal rights as leea4 govefament veteran employees ha-ve had for-Many 23 years As mart of these b , the lawlifnits the right of a l vetefanS P1,.._ _.] L__the 24 25 has League of Minnesota Cities 2015 City Policies Page 141 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Response: The League of Minnesota Cities supports the Legislature undertaking a study of 2 Minnesota's veterans preference law to determine its effectiveness and efficiency in light of 3 today's employment laws, statutes, and regulations, and to consider possible modifications 4 to current laws. For example, the League would support clarification of the law on use of 5 promotional points when an employee becomes disabled after a first promotion. 6 The League also supports a change to limit the right of appeal for veterans employed by 7 cities who are subject to a probationary period until after the probationary period has 8 passed. 9 Finally,the League supports allowing public employers the additional option to include a 10 neutral arbitrator as a choice for a hearing process in lieu of a three-person panel. 11 HR-20. Drug and Alcohol Rehabilitation (LK/AL) 12 Issue: Under Minn. Stat. § 181.953, subd. 10(b), an employer cannot terminate an employee for 13 a positive controlled-substance test without first providing the employee a chance for 14 rehabilitation and treatment. Recently, some cities have been advised this law applies to 15 "probationary" employees, as well as to regular employees. 16 Response: The League of Minnesota Cities supports a legislative change to clarify tithe 17 state law on drug and alcohol rehabilitation and treatment does not apply to probationary 18 employees. 19 HR-21. Background Checks (AF/LK/PH) 20 Issue: Current law allows criminal justice background checks on active employees (as opposed 21 to applicants for employment) only when such employees are firefighters or work with children. 22 The law governing criminal history background checks on police and other city employees does 23 not specifically allow such checks on active employees. Cities need the ability to be able to 24 conduct criminal history background checks on active employees as well as applicants for 25 employment using the BCA or the BCA database access. League of Minnesota Cities 2015 City Policies Page 142 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Response: Cities should be able to conduct, but not be required to conduct, criminal history 2 background checks on active employees using the BCA database. The laws governing 3 background checks for all city employees should be amended to allow for this practice. For 4 those cities that choose to use the BCA to run the criminal history employment background 5 check for them, the fee should be the same as that charged to non-profit organizations. 6 HR-22. Tele-health Exams (LK) 7 Issue: Technology improvements are creating new ways to approach many city functions. 8 Specifically, the increased acceptance of the use of tele-health (audio and video, web-based) 9 exams creates an opportunity for cities to access and use psychologists with specific expertise in 10 public safety as part of the hiring process for police officers. However, the Peace Officers 11 Standards and Training (POST) Board has adopted a position prohibiting the use of tele-health 12 exams for the required psychological oral interview/evaluation prior to hiring. 13 Response: The League of Minnesota Cities supports the use of tele-health (audio and video, 14 web-based) exams to meet the requirements of the POST Board for a psychological oral 15 interview/evaluation prior to hiring a police officer candidate. League of Minnesota Cities 2015 City Policies Page 143 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 2 HR-NEW A. Critical Incident Stress Debriefing (PH/AF) 3 Issue: Critical Incident Stress Debriefing(CISD) is a process designed to assist first responders 4 deal with the stress and potential mental health issues after experiencing a traumatic incident. 5 CISD can be similar to traditional counseling between a counselor and a group of law 6 enforcement officers, firefighters, or other first responders, or it can involve one-on-one peer 7 counseling between non-licensed counselors, such as first responders who have experienced 8 similar incidents. 9 CISD data is classified as private under the Minnesota Government Data Practices Act 10 (MGDPA), and Minn. Stat. § 181.973 prohibits a participant in CISD or other peer counseling 11 from disclosing any information shared in counseling sessions without the permission of the 12 subiect. Neither of these protections,however, prohibit the discoverability or admissibilityoof 13 CISD data in a lawsuit, and federal common law on evidentim privilege applies to licensed 14 psychotherapists and social workers only.Jaffee v. Redmond, 518 U.S. 1 (1996). 15 CISD is an important tool used to assist first responders, and those in need of CISD services 16 should be allowed to participate in peer counseling without fear of having statements later used 17 against them in court. This undermines the value of CISD and makes it less likely that first 18 responders will seek help. 19 Response: The Legislature should amend Minnesota law to exclude any statements or other 20 information from employer-sponsored CISDs from being admissible in court, pursuant to 21 the same guidelines as those established for registered nurses, psychologists, or licensed 22 social workers under Minn. Stat. � 595.02, subd. 1(g). 23 League of Minnesota Cities 2015 City Policies Page 144 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Data Practices 2 DP-1. Data Practices Compliance Costs (PH) 3 Issue: The purpose of the Minnesota Government Data Practices Act (MGDPA) is to protect 4 personal information from indiscriminate disclosure with the right of the public to know what the 5 government is doing. The Act also attempts to balance these rights within a context of effective 6 government operation. The League supports the public policy behind the MGDPA while 7 acknowledging that compliance with the law imposes costs on local taxpayers. Smaller cities 8 struggle with limited staff and resources while larger cities struggle with larger complex 9 databases. The MGDPA must balance the right of citizens to access public data with the cost to 10 municipalities of complying with certain types of information requests. Time spent responding to 11 requests is time that would otherwise be spent performing core city services for city residents. 12 In 2014, the Legislature imposed additional securily requirements on political subdivisions in an 13 attempt to prevent unauthorized individuals from accessing private data. Adequate security 14 measures are important,but they make compliance with the MGDPA more difficult and costly. 15 Although the Legislature has made compliance with the MGDPA a priority, funding for the 16 Information and Policy Analysis Division of the Department of Administration (IPAD), the 17 department charged with overseeing the MGDPA, does not reflect the increased need for local 18 government assistance. 19 Cities continue to receive repetitive, overly broad and far-reaching data requests that require 20 significant staff time to locate government records, redact private data or data unrelated to the 21 request, and assemble documents to be provided in order to comply with requirements to provide 22 access to public government data. The MGDPA limits the ability of cities to be reimbursed for 23 responding to requests. 24 For example, cities are limited to charging only 25-cents per page for copies of police motor 25 vehicle incident reports, which does not cover the city cost for copying, while the commissioner 26 of public safety is exempt from this restriction—thereby permitting the Department of Public 27 Safety to continue to charge $5 for incident reports that cities are required to submit to the 28 department. League of Minnesota Cities 2015 City Policies Page 145 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 la 2008, 2 3 to , of , plian e with the ae, 4 Response: As the cost of complying with the MGDPA increases, the Legislature should 5 provide additional funding to assist political subdivisions meet the increasing complexity of 6 managing government data. 7 The Legislature should allow political subdivisionseities to charge for the staff time that is 8 required to comply with wide-ranging data requests regardless of whether copies of the 9 data are requested. In addition, the Legislature should provide a mechanism that would 10 permit cities to challenge whether a data request is reasonable and made in good faith. 11 The Legislature should allow political subdivisionseifies to charge the same amount for 12 copies of motor vehicle incident reports issued by local police and fire departments as the 13 commissioner of public safety. 14 The League of Minnesota Cities opposes further increases in the maximum exemplary 15 damages that courts may impose against government entities,including cities, found to 16 have violated the MGDPA; further increases in the maximum civil penalty that may be 17 imposed when a court order is issued to compel a government entity to comply with 18 MGDPA; or any statutory change that would make it a mandatory civil penalty to compel 19 compliance under the MGDPA. The League opposes repeal of the administrative remedies 20 provisions adopted by the 2010 Legislature to address disputes regarding MGDPA 21 compliance issues. 22 DP-2. Maintaining Government Data in Large Databases (PH) 23 Issue: The Minnesota Department of Administration Advisory Opinion 10-016 issued in June 24 2010 maintains that the Minnesota Government Data Practices Act (MGDPA) requires cities to 25 keep records containing public government data so that they can be easily accessible and 26 convenient to use, regardless of how they are kept. Cities maintain that the application of this 27 advisory opinion to large databases in which records are kept in an electronic format forces cities League of Minnesota Cities 2015 City Policies Page 146 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 to risk the daily threat of allegations of noncompliance or leaves local government officials 2 confused regarding how to apply the requirement for access to data in circumstances where 3 information technology is utilized to facilitate the management and organization of records and 4 information which often includes public,private, and nonpublic data within individual data sets. 5 Response: Cities insist that it is not feasible to separate public from non-public data when 6 the records in which that data is held are in electronic format and held in large databases 7 that are intended to provide secure data storage and maintenance,but are not directly 8 available in a form in which public and private data contained in those records can be 9 separated. Requiring cities to design such databases to accommodate extensive data 10 requests under MGDPA is both financially and technologically nearly impossible to 11 achieve. 12 The Legislature should address the growing and costly impact on cities of providing access 13 to specific public data housed in large electronic databases. Cities also require discretion in 14 determining that the release of certain incident data could identify an individual whose 15 identity must be protected. 16 DP-3. Sharing of Student Data with Local Law Enforcement in Emergencies 17 (PH) 18 Issue: Minn. Stat. § 13.32, subd. 3(1) defines education data as private data that must not be 19 disclosed except to the juvenile justice system in cases where information about the behavior of a 20 student who poses a risk of harm is reasonably necessary to protect the health or safety of the 21 student or other individuals. In addition, the federal Family Education Rights &Privacy Act 22 (FERPA)bars schools from disclosing information on student educational records that contains 23 personally identifiable information without consent of a parent or eligible student, with only 24 limited exceptions. 25 Minn. Stat. § 13.32 does not adequately define who is responsible for making the determination 26 that an emergency or risk of harm exists. As a result, school district officials have interpreted the 27 statute in conjunction with the restrictions in FERPA to require that the determination be made 28 solely by school officials. League of Minnesota Cities 2015 City Policies Page 147 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Local police officials are often frustrated in their efforts to investigate allegations of criminal or 2 other illegal activity when school officials refuse, under Minn. Stat. § 13.32, subd. 3(1) and 3 FERPA, to provide information to follow up such complaints or to assist local police in solving 4 crimes that have already taken place. 5 School boards are responsible to have policies in place that require schooll officials to report a 6 student who possesses an unlawful firearm to law enforcement or the juvenile justice system. But 7 schools are not allowed to release the name of a student in dangerous weapon reports involving 8 use or possession of such weapons that are made to the Minnesota Department of Education. 9 Response: Minn. Stat. § 13.32 should be clarified to allow local law enforcement agencies to 10 work with school officials to jointly make the determination that an emergency or risk of 11 harm exists in order to enable police enforcement actions to be taken in a timely manner. 12 DP-4. Disclosure of Victim Data (PH) 13 Issue: Under the Minnesota Government Data Practices Act (MGDPA), the name and address 14 of a victim or casualty of an accident or incident to which a law enforcement agency responds is 15 public government data. In addition, the name and location of the health care facility to which 16 victims or casualties are taken is public government data. The MGDPA allows for a crime 17 victim to prevent the disclosure of public data,but no such provision exists for accident victims. 18 Accident victims and their families can be traumatized by the events that caused their injuries. 19 Publicly disclosing their identities and the location where they are receiving medical care places 20 a burden on families and victims who may be questioned by reporters, solicited by lawyers, and 21 contacted by other members of the community. While there are legitimate public policy reasons 22 to make this information public, the MGDPA provides no discretion for city officials and law 23 enforcement to temporarily withhold victim data when releasing it is not in the best interest of 24 the victims. This not only makes the initial period of recovery more difficult for victims,but 25 erodes the trust between victims and state and local government. 26 Response: The Legislature should amend Minn. Stat. § 13.82 to temporarily prohibit the 27 disclosure of victim data if the victim or victim's family specifically requests not to be 28 identified publicly, and the agency or local government reasonably determines that access League of Minnesota Cities 2015 City Policies Page 148 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 to the data would cause emotional or physical harm to the individual or otherwise impede 2 the individual's recovery. 3 DP-5. Open Meeting Law (PH) 4 Issue: The Open Meeting Laws allows certain meetings to be held using interactive television 5 provided that: all members of the body can hear and see one another and all discussion and 6 testimony; members of the public can see and hear all discussion, testimony, and votes; at least 7 one member of the body is physically present at the regular meeting location; and each remote 8 location is open and accessible to the public. The Information and Policy Analysis Division 9 (IPAD) issued an advisory opinion (13-009)that allowed a city's use of Skype to conduct a 10 remote meeting under Minn. Stat. § 13.02, subd. 1. IPAD applied a"common sense"approach to 11 technology questions, which recognizes the difficulty cities must face when interpreting the 12 Open Meeting Law in light of ever-changing technology. 13 The Open Meeting Law also allows certain state bodies to conduct meetings via telephone and 14 other electronic means, pursuant to Minn. Stat. § 13D.015. This useful tool should be expanded 15 to local government to assure that members can attend meetings remotely if attendance at the 16 regular meeting site is not possible. In order to ensure maximum public access, the Legislature 17 should require that such meetings be allowed only if a quorum of members of the body is present 18 at the regular meeting location. 19 The use of Facebook, Twitter, and other social media creates opportunities for cities to reach 20 more constituents and to share more information faster than ever before. Social media creates 21 new opportunities for citizen participation, and citizens increasingly expect that their elected 22 officials will provide them with information via the internet and social media sites. This 23 expectation is not always consistent with laws that require citizens to attend a meeting in order to 24 participate in local government. The use of social medial by elected officials raises issues of 25 compliance with laws that were drafted before social media existed, and increases the likelihood 26 of unintentional violations. In recognition of these issues, the 2014 Legislature created a social 27 media exemption to the Open Meeting Law Minn Stat �. 13D.065, which states that the use of 28 social media by members of a public body does not violate the law so long as the use is limited 29 to exchanges with all members of the general public. League of Minnesota Cities 2015 City Policies Page 149 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Response: The League of Minnesota Cities supports IPAD's interpretation of the 2 interactive television provision of the Open Meeting Law, and encourages the Legislature 3 to authorize cities to conduct official meetings by telephone or other electronic means, as 4 allowed by Minn. Stat. § 13D.015, provided that a quorum of members are present at the 5 regular meeting site. 6 The League supports amending the 2014 change to the Open Meeting Law,which grants 7 to allow cities and elected officials reasonable flexibility to use social media to 8 communicate with citizens while maintaining the protections of the Open Meeting Law. 9 The League of Minnesota Cities opposes any change to the open meeting law that would 10 expand the award of attorney's fees to unintentional violations. 11 DP-6. Exceptions to the Open Meeting Law (PH) 12 Issue: The purpose of the Open Meeting Law is to prohibit actions from being taken at secret 13 meetings, to assure the public's right to be fully informed, and to afford the public an opportunity 14 to present views to the public body. The League of Minnesota Cities supports the Open Meeting 15 Law, and recognizes the important role it plays in maintaining the public trust and the 16 accountability of elected officials. 17 The Open Meeting Law must, however,balance the need for public information and the need to 18 protect privacy rights. Therefore, the Open Meeting Law requires certain meetings to be closed 19 to the public, and allows other meetings to be closed at the discretion of the governing body. 20 Under existing law, a governing body may close a meeting to evaluate the performance of an 21 individual subject to its authority. A governing body may not close a meeting to interview 22 applicants for employment if there is a quorum present, although individual council members 23 may interview an applicant in a closed meeting. A governing body may not close a meeting to 24 discuss the terms of an employment agreement to offer to a candidate to whom a job offer has 25 been extended, although a governing body can close a meeting to discuss labor negotiations 26 strategy. Allowing a closed meeting so that a council can discuss the results of an interview 27 process for a management-level position will allow council members to express opinions or ask League of Minnesota Cities 2015 City Policies Page 150 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 questions they may have concerns about discussing in a public meeting, and preserves the 2 integrity of the interview process of subsequent candidates. 3 Response: The Legislature should amend the Open Meeting Law to allow a governing body 4 or a committee created by a governing body to close a meeting to interview candidates for 5 management-level positions such as city manager, administrator, superintendent, or 6 department head, and to close a meeting to evaluate and discuss the candidates and discuss 7 salary and benefit negotiations. Such closed meetings should follow the same or similar 8 procedures for conducting closed meetings currently required under the Open Meeting 9 Law. 10 DP-7. Challenges to the Accuracy of Data (PH) 11 Issue: The Minnesota Government Data Practices Act (MGDPA) allows the subject of 12 government data to challenge the accuracy or completeness of data maintained by the 13 government entity. If the government entity denies the challenge, the Act allows the data subject 14 to appeal that determination through a contested case proceeding under the Administrative 15 Procedures Act (APA). 16 The Minnesota GetH4 of AppeaIs Supreme Court recently held that a public employee could use 17 the MGDPA to challenge the accuracy of subjeetive epin ecertain information contained in 18 the employee's performance evaluation. Schwanke v. Minn. Dept. ofAdmin.,,834-.W..z?d-588 19 No. Al2-2062 (Minn. Q. A-pp. Aug. 6201 -3, Thee-da` ;halle r f g N 4GDP vuv 1'i^ 20 21 22 23 in a de e+meat eelleeted by-a-geveffh�nent enfit�—While the Court heldthat"dissatisfaction with 24 a subjective Judgment oro inion cannot support a challenge under the MGDPA ' a data 25 subject can still challenge data that supports the subjective judgment Further, under the Court's 26 ruliniz, an invalid challenge to a subjective opinion can no longer be dismissed by the 27 Department of Administration,• it can only be dismissed in a contested-case proceeding In even a 28 frivolous challenge Tthe data subject will have the right to submit evidence and call witnesses at 29 taxpayer expense. This right of review is in addition to any bargained-for grievance process and League of Minnesota Cities 2015 City Policies Page 151 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 can be exercised by an employee before or after such a grievance is undertaken. This process can 2 result in conflicting decisions and has the potential to create a heavy burden on all levels of 3 government, and impose significant costs on taxpayers., and this deeisie will er-e4e „ hea„t,y 4 5 fespensibility ef g&vefffmeat effti6es te maintain the data it eelleets, 6 expressed in deethnieiits. 7 Response: In light of the Schwanke decision, the Legislature should elarify that modify the 8 data challenge provision of Minn. Stat.113.04, subd. 4 to balance the rights of data 9 subiects to challenge the accuracy and completeness of data with the administrative and 10 financial burdens on local governments and taxpayers is only .,.,.hail' to ehallenge the 11 . 12 DP-Interim A. License Plate Reader Technology (PH) 13 Issue: License Plate Readers (LPRs) are an important law enforcement tool that assist law 14 enforcement agencies to locate wanted individuals, recover stolen vehicles, and with many other 15 types of investigations. A number of federal and state courts have held that the use of LPRs does 16 not constitute an unreasonable search under the United States Constitution. Despite the legality 17 and usefulness of LPRs, the use of this technology raises legitimate privacy concerns. 18 LPR data is classified as public data under the Minnesota Government Data Practices Act 19 (MGDPA), which means that any person or organization can review license plate reader data 20 collected by law enforcement agencies. These data could be used by individuals who are 21 searching for victims of domestic abuse, stalkers, or others who seek to use the data in 22 furtherance of criminal activity. LPRs identify the location of vehicles that are lawfully 23 operating on public streets, and while there might not be a legal expectation of privacy when 24 traveling on public roads, citizens have genuine concerns that the data can be used to harass or 25 embarrass them. 26 (Much LPR data is temporarily classified as private data pursuant to a temporary classification 27 issued by the Information Policy Analysis Division of the Department of Administration. Absent 28 legislative action, the temporary classification expires on August 1, 2015.) League of Minnesota Cities 2015 City Policies Page 152 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 The retention of data for an extended period of time increases the potential for misuse of the data 2 and for"retroactive surveillance." The League of Minnesota Cities recognizes that the 3 appropriate use of LPRs must strike the proper balance between the need for robust law 4 enforcement and individual privacy rights. 5 Response: The use of LPRs by law enforcement agencies should be allowed to continue 6 with proper safeguards. LPR data should be classified as nonpublic data or private data 7 on individuals under the MGDPA to prevent abuse and to protect individual privacy 8 rights. The state should adopt a uniform retention period for all LPR data collected by 9 state and local law enforcement agencies that: 10 a) do not identify a stolen vehicle or license plates; 11 b) do not identify a vehicle belonging to a person subject to a warrant for arrest; 12 c) do not identify a vehicle belonging to an owner that has a suspended or revoked 13 driver's license; or 14 d) are not related to an active investigation. 15 The retention period should be long enough to provide law enforcement agencies adequate 16 time to determine whether the data is related to an active investigation or to crimes 17 reported to police shortly after the data is collected. 18 Federal Employment Law 19 FED-l. Consolidated Omnibus Budget Reconciliation Act (COBRA) (LK) 20 Issue: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) law, which 21 requires employers to offer continued health and dental insurance group benefits after an 22 employee terminates,has been interpreted to apply to Employee Assistance Programs (EAPs), 23 health funding mechanisms such as Health Reimbursement Arrangements (HRA)Noluntary 24 Employee Benefit Accounts (VEBAs), and flexible benefits. The application of COBRA benefits 25 to these programs results in unlikely and impractical outcomes. 26 Response: Congress should clarify the intended benefits to which COBRA law should 27 apply, excluding programs such as EAPs, HRA/VEBAs, and flexible benefits. League of Minnesota Cities 2015 City Policies Page 153 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 FED-2. Medicare/Medicaid Premium Disbursements (LK) 2 Issue: Minnesota continues to be a net loser in federal Medicare and Medicaid premium 3 disbursements. 4 Response: Congress must recognize this disparity and provide Minnesota with a more 5 balanced and representative share of the costs of providing health care under Medicaid 6 and Medicare. 7 FED-3. Flexible Spending Accounts (LK/DM) 8 Issue: Health care costs are rising dramatically and employees need financial relief. Flexible 9 spending accounts provide some relief, but the current"use it or lose it"provision for medical 10 spending discourages employees from participating in this program. 11 Response: The League of Minnesota Cities supports legislation that would allow employees 12 to roll unused funds over to the next plan year, or into a tax-qualified retirement plan, or a 13 457 plan. 14 FED z. ReseFve T....ey. a D..p1.....,m ent Pr-e .....m lDTDDI ( K4 15 , 16 on state National Quar-d and other militafy r-esen,e for-ees te fight the Waf OR teffOfiSffl. Alfliffi-"--10F 17 , whieh 18 has eaiised fifta ei 1 >,,.,.aship f some e fth se members .-ad theiffamilies, 19 20 21 iaveltffitar-ill . - aetive duty. These pa�qReats are intended to bridge the gap between th 22 ' 23 24 25 ....n.ffi.<5es the disLf:efi n ffem their-duties be f e tom and tipen o*,, to the „bThe RIRP 26 pr-egfaffl was e�Etended to Deeembef 31, 2012. League of Minnesota Cities 2015 City Policies Page 154 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 Responsew it is the federal government's responsibility to minimize the finaneial hardship 2 plaeed on state National Gt*aFd and military r-esefwe members who are ordered to federal- 3 aefive sefw4ee. The League of Minnesota Cities ur-ges Gongr-ess to extend the RIRP pr-ogra 4 beyond 201X 5 FED-5. IRS Regulations on Death Benefits (LK) 6 Issue: Current IRS regulations do not allow any type of death benefit to be included in a post- 7 employment health savings plan and other tax-free funding vehicles. If the employee who owns 8 the savings plan account dies, he or she cannot leave the remaining funds to a designated 9 beneficiary(unless the beneficiary is a spouse or dependent child). If the employee does not have 10 a spouse or dependent child, the funds are typically redistributed among plan participants. A 11 death benefit provision is an attractive feature for many employee groups. 12 Response: IRS regulations should be changed to allow post-employment health savings 13 plans and other tax-free vehicles for both active employees and retirees to include a 14 provision that allows the employee to designate beneficiaries in addition to spouses or 15 children. 16 FED-6. Federal Public Safety Collective Bargaining Bill (LK) 17 Issue: Congress is considering a bill that would require all states to establish collective 18 bargaining procedures for all public safety employees. The bill directs the Federal Labor 19 Relations Authority (FLRA) to determine, state by state, whether it meets the bill's requirements 20 with regard to collective bargaining rights for public safety employees. While it appears 21 Minnesota is likely to pass the tests set out by the bill, federal public sector lobbyists have 22 expressed serious concern that the bill is very much open to interpretation. In addition, the bill 23 directs the FLRA to "consider and give weight, to the maximum extent practicable, to the 24 opinion of affected employee organizations." 25 Response: The League of Minnesota Cities opposes the federal collective bargaining bill for 26 public sector employees. Public sector collective bargaining should be left to the 27 determination of each state. League of Minnesota Cities 2015 City Policies Page 155 2015 DRAFT POLICIES—HUMAN RESOURCES & DATA PRACTICES 1 FED-7. Federal Health Care Reform (LK/JH) 2 Issue: Certain provisions of the Patient Protection and Affordable Care Act (commonly referred 3 to as the federal health care reform law or Affordable Care Act (ACA)) are problematic for 4 cities. These issues range from administratively difficult to very costly. Tracking employee 5 hours, particularly hours of seasonal and temporary employees and council members, is 6 burdensome and will require significant administrative time and effort. Because most of these 7 employees will not qualify for coverage under the ACA, the effort does not result in a 8 worthwhile outcome. There are also situations where employees who are currently working 9 more than 30 hours per week in a city will now be eligible for health care coverage by that city, 10 which will drive up city costs significantly,particularly for cities using the "duty crew" concept 11 at fire stations to ensure adequate daytime response. Finally, there are provisions which require 12 the city to offer coverage to full-time students who are already covered by their parents' 13 insurance and do not need the coverage through the city, which results in wasted effort. 14 Response: The League of Minnesota Cities supports the intent of the ACA to provide 15 affordable health care coverage to all Minnesota residents. However, prior to 16 implementation, Congress should: 17 a) Increase the threshold for coverage of paid on-call firefighters to 40 hours per week; 18 b) Exempt employees under age 26 who are covered by their parents' insurance; 19 c) Exempt (from coverage requirements) employees who work in recreational facilities 20 and programs owned and operated by governmental entities; and 21 d) Exempt elected officials from being counted as "employees" for the purposes of the 22 ACA. League of Minnesota Cities 2015 City Policies Page 156 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 DRAFT: IMPROVING FISCAL FUTURES 2 FF-1. State-Local Fiscal Relations (GQ 3 Issue: Since the 1970s, services provided by Minnesota cities have been largely funded through 4 a combination of property taxes, state aids, and state property tax relief programs. This system of 5 municipal finance has evolved to ensure that municipal services can be funded without excessive 6 local tax burdens. 7 , 8 _., g belief ameng legislators 4iat eifies should be more finaneia4ly indepmdent. if this 9 , 10 ..t...uvrviiu 12 Over the past decade the state-local partnership has vacillated with the state budget challenging 13 the ability of city officials to plan for the future fiscal needs of their communities 14 Response: The League of Minnesota Cities supports a strong state-local fiscal partnership. 15 The state-local fiscal system, and any future modifications, should be consistent with the 16 following principles: 17 i) Accountability. Cities believe a viable partnership with the state requires cities and the 18 state to communicate effectively with each other and with the public about their roles 19 and responsibilities. Cities and the state must also exercise sound financial stewardship, 20 including maximizing efficiencies in service delivery and other means of cost 21 containment whenever possible. 22 l Certainty. Cities need to have more certainty and predictability in all of their available 23 revenue sources,including the property tax and the amount of funding they receive 24 from local government aid and similar programs. The current practice of almost 25 annual adjustments to local government aid (LGA) and similar programs, recent 26 unallotments of the appropriation and the imposition of levy limits do not allow for 27 prudent financial planning and decisions. In addition, the 2011 state government League of Minnesota Cities 2015 City Policies Page 157 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 shutdown further decreased the certainty of the system when the Department of 2 Revenue indicated that despite the standing LGA appropriation,the shutdown of many 3 state government operations would prevent the distribution of the LGA. 4 k) Adequacy. The revenue sources available to cities and the state must raise adequate 5 funds to meet city needs, to fund mandates, and to maintain Minnesota's long-term 6 competitiveness. 7 ) Flexibility. As cities become increasingly diverse in their characteristics and as existing 8 aid and credit programs have eroded, a "one-size-fits-all" system that limits all cities to 9 the property tax as the major, non-state aid revenue source is increasingly unworkable. 10 Some cities have sufficient property tax base to sustain an adequate service level, but 11 many do not. Cities should have greater access to other tax and revenue sources than 12 currently permitted. 13 m) Equity. All citizens should receive adequate levels of municipal services at relatively 14 similar levels of taxation. This means that the state should provide financial assistance 15 to cities that have high costs, including costs related to overburden created by non- 16 resident users of city services, low fiscal capacity, or both. State financial assistance 17 should also reduce tax burden disparities among communities and between cities and 18 surrounding areas. 19 FF-2. Economic Contributions by Cities (GC) 20 Issue: Cities provide and maintain the physical infrastructure as well as the social and economic 21 infrastructure necessary to support a large share of the state's economic activity. In addition, 22 cities play a major role in statewide economic development activities that assist businesses with 23 expansion and job creation. The importance of cities to the overall vitality of the state's 24 economy is frequently overlooked in state policy discussions. 25 Response: To provide lawmakers with information on the economic activity occurring 26 within cities,the Department of Revenue should annually collect and compile information 27 on major state tax collections within each city, in addition to county and regional reports. League of Minnesota Cities 2015 City Policies Page 158 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 FF-3. State Budget Stability (GQ 2 Issue: In recent years, the Legislature has faced repeated budget deficits. Legislative actions to 3 address these deficits have included changes in the state budget, including permanent reductions 4 in funding to local units of government for programs such as local government aid as well as the 5 full elimination of programs such as the market value homestead credit. However, the state has 6 also-frequently relied exteasllyon short-term solutions that have only shifted a large share of 7 the deficit problem into the next biennium. , the 2011 speeial session budget. 8 , 9 berFewed $640 million in futffe state r-evenues thfaugh the use of tobarveve bea-R-d-s Afld deplete-, 10 , sta4e law has 11 13 As required under state law, recent state budgetrpluses have been dedicated to the repayment 14 of many of these short-term budget shifts. In 2014, with these repayments completed the 15 legislature increased the state budget reserve by$150 million and established a process to further 16 expand the state's budget reserves with aportion of future surpluses. 17 Response: To increase the stability of the state budget and avoid or reduce the impact of 18 future state budget deficits, the Legislature: 19 n) Must consider all options,including revenue increases,with a particular focus on 20 changes that increase state revenues and improve the stability of the state's revenue 21 stream; 22 o) Must not further reduce funding for property tax relief programs to cities; 23 p) Must not accelerate the remittance of sales tax collections by retailers including 24 municipal liquor operations, and should make steps to reverse past accelerations; 25 j Must consider the aggregate impact on Minnesota taxpayers of reeent-previous budget 26 cuts and tax increases ' ; 27 r) Must reinstate estimates of inflationary increases to expenditure estimates; League of Minnesota Cities 2015 City Policies Page 159 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 s) Should continue to build at a minimum, a five-percent budget reserve and should 2 establish state budget stability as a state priority. This includes prioritizing stability 3 ahead of sending back tax rebate checks as was done in 2000; 4 t) Should modify the unallotment statute to place a reasonable statutory limit on the 5 percentage and timing of the state's budget that can be unallotted during a biennium 6 without legislative approval; and 7 u) Must emphasize long-term budget solutions and budget stability and the continuation 8 of state government operations. 9 The League of Minnesota Cities supports the principle of representative democracy and 10 opposes limiting the Legislature's flexibility in making financial decisions through new 11 Constitutional amendments. 12 FF-4. Funding Local Government Aid (GQ 13 Issue: Local government aid (LGA) is an important component in the state's property tax relief 14 system. To avoid undue pressure on the property tax, funding for LGA must keep pace with 15 inflationary pressures. However-, LGA has been r-epeatedly eut i....,e fie,, of the 16 Legislatufe and govemer. In 20 10 a4ene, 17 , LGA was 18 etfe.,efiyely and pe or i.,,-edu e by$102 million pe year beginning;r 2011. 1. For the 2003 19 distribution, the legislature originally set the LGA appropriation at $586.8 million. By 2011, the 20 LGA appropriation had been reduced to $425.3 million, a reduction of$161 million from the 21 original 2003 appropriation. 22 In T4e-2013 and 2014, the legislature restored a total of$84$90 million in funding for LGA and 23 updated the formula to reflect recent fiscal and demographic data. However, the legislature did 24 not include an annual inflationary adjustment was emitted -e-n.. #ho final ,..f.iiibtis to i it for the 25 LGA appropriation. 26 Response: In order to reduce pressure on the property tax, and to equalize property tax 27 bases, the League of Minnesota Cities continues to support an increase in the LGA 28 appropriation to at least the level that would have been provided prior to the 2003 cuts, 29 including the restoration of the annual inflation adjustment. League of Minnesota Cities 2015 City Policies Page 160 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 FF-5. State Charges for Administrative Services (GC) 2 Issue: Currently, some state agencies have wide discretion in setting the fees for special services 3 they provide to local governments. With ro e„* state Madge*,.o,a,,etions state aeeWd fi,ri, 4 to ehafges and fees to r-eplaee lost r-evei+ues. iner-eases in ehar-ges and fees would plaee addifiena4 5 7 Response: State agencies should be required to justify their service fees or for increases in 8 existing service fees and not charge more than what is fair, reasonable, and proportionate 9 to the cost of service. Agencies should give adequate notice of increases to allow local 10 governments to budget for the increases. State agencies should set administrative service 11 fees as close as possible to the marginal cost of providing the service. Local government 12 should be given the option to self-administer or contract with the private sector for the 13 service if the state cannot provide the service at a reasonable cost. 14 FF-6. Reporting Requirements (GC) 15 Issue: Budget and financial reporting requirements imposed on cities by the state often result in 16 duplication and additional costs. In addition to the state mandated annual audits under Minn. 17 Stat. § 471.697-.698, cities are required to prepare and submit or publish numerous other budget 18 and financial reports including but not limited to: 19 a) Summary budget reports (Minn. Stat. § 6.745); 20 b) Treasurers report to the city clerk (Minn. Stat. § 412.141); 21 c) Statement of tax collections and other income by clerk to the city council (Minn. Stat. § 22 471.69); 23 d) Report on outstanding obligations and the purpose for each issue filed with the county 24 auditor(Minn. Stat. § 471.70); 25 e) Publication of summary budget statement (Minn. Stat. § 471.6965); 26 f) Publication of statement of liquor store operations (Minn. Stat. § 477A.017); 27 ) Liquor store audited financial statements (Minn. Stat. § 471.6985); 28 h) TIF district plan and amendments (Minn. Stat. § 469.175, subd. 4a); League of Minnesota Cities 2015 City Policies Page 161 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 i) TIF district annual disclosure (Minn. Stat. § 469.175, subd. 5); 2 j) TIF district annual financial report (Minn. Stat. § 469.175, subd. 6); 3 k) Business subsidy reporting (Minn. Stat. § I I6J.993 through I I6J.995); 4 1) State required financial activity reports (Minn. Stat. § 6.74); 5 m) Local improvement requirements (Minn. Stat. § 429.031); 6 n) Development and permit fees report (Minn. Stat. § 326B.145); 7 o) Utility annual financial statements (Minn. Stat. § 412.381); 8 p) Housing and redevelopment authority annual financial report (Minn. Stat. § 469.013); and 9 q) Federal single audit or a program-specific audit (31 U.S.C.A. § 7502 (a)(1)). 10 Response: Requirements for reporting and advertising financial and budget information 11 should be carefully weighed to balance the need for information with the administrative 12 costs of compiling and submitting this information. In addition, the legislature should 13 direct all state agencies to review existing local government reporting mandates and 14 eliminate redundant or superfluous requirements. To this point, the legislature should 15 consolidate municipal government financial reporting requirements in the Office of State 16 Auditor, include an electronic submission alternative to any remaining paper filing 17 requirements and authorize the use of web publication where newspaper publication is 18 currently required. Finally, the legislature must not increase reporting burdens for local 19 units of government. Any new reporting requirement should have a clearly defined 20 statement of purpose and public need not currently met with existing reports, a sunset date 21 to facilitate a future discussion of the usefulness of the requirement as well as full state 22 funding for the costs associated with a new reporting mandate. 23 FF-7. Direct Property Tax Relief Programs (GQ 24 Issue: In 20442013, the legislature expanded the homeowner property tax refund (PTR)program 25 and in and renamed it the Homestead Credit Refund program. 26 As a direct taxpayer relief program, the Homestead Credit Refund avoids the problems with the 27 former Market Value Homestead Credit system where the state provided a credit on the 28 homeowner's property tax statement but did not always reimburse cities and counties for the 29 amount of the credit. League of Minnesota Cities 2015 City Policies Page 162 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 Response: The League of Minnesota Cities supports providing additional property tax 2 relief directly to homeowners through an expansion of the Homestead Credit Refund 3 program, the targeting program or other programs that provide property tax relief 4 directly from the state to taxpayers. In addition, the League supports the 2013 legislation 5 that requires the Department of Revenue to notify potentially eligible homeowners of the 6 program and would also support legislative modifications to these programs to eliminate 7 the taxpayer filing requirement thereby making the tax relief payments automatic. 8 The League opposes property tax credit programs that reimburse local units of 9 government for reduced tax burden such as the former market value homestead credit 10 system due to the fact that the reimbursements to local units of government can be cut 11 while the credit to the taxpayer remains on the property tax statement. In addition, the 12 League opposes reinstituting Limited Market Value, a program that reduces the taxable 13 value of individual properties based on assessor's valuation increase. Limited Market 14 Value creates inequities between similar properties based solely on the valuation increase 15 determined by the assessor. 16 FF-8. Sales Tax on Local Government Purchases (GC/PH) 17 Issue: , 18 , 19 20 . 21 , 22 the sa4es tax AV1111J L1 V11 LV Z1 e 23 The201318 ehange for- eities and eeu-pAies did nat elear4y exempt pur-ehases for-munieipal joint 24 , 25 26 uLuf,t„iv nt powers affangemeffts. l League of Minnesota Cities 2015 City Policies Page 163 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 , hettsing an' 2 3 4 pufehases. 5 in addifien, 6 goods and sp. a4ly pfevidedby pfivate businesses. Although this pfevisteff was 7 , the law dees not 8 « generally"pr-e-vided-by-a 9 private btisiness. 10 11 12 , 13 14 The local government sales tax exemption enacted in 2013 and expanded in 2014 does not apply 15 to all city purchases. Some purchases for municipal enterprise operations, such as liquor stores 16 and golf courses are excluded from the exemption. In addition, in order to receive the sales tax 17 exemption on construction materials under current law, cities must bid labor and materials 18 separately and also designate a contractor to be a purchasing_agent on behalf of the city. The 19 existing Department of Revenue rules (MN Rules 8130.1200, Sub-P. 3) are complex and the 20 implementation can be so complicated that it can cost cities more moneytplement than they 21 will save on the tax exemption. Finally, although cities currently do not pay the motor vehicle 22 sales tax on marked police vehicles or firefighting vehicles, other city vehicles are not exempt 23 from the motor vehicle sales tax. 24 25 Response: Despite reinstatement of the sales tax exemptioif there r-efflains a patehwork o 26 , er-eates an administrative 27 , and A,ifl Hitimately lessen the tftx saving League of Minnesota Cities 2015 City Policies Page 164 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 In order to ensure that Vis-taxpayers 2 receive the full benefit of the local government sales tax exemption: 3 the exemption should apply to all purchases made by local units of government; 4 a)W_the process to receive the exemption for construction materials should be simplified 5 or converted into a refund process. 6 h)E)_the law should treat purchases by all local units of governments the same,including 7 purchases made by special taxing districts,joint powers entities, or any other agency or 8 instrumentality of government that will not be exempt until January 1, 2016; and 9 e)!jJ_the exemption should be extended to all local government purchases that would 10 otherwise be subject to the motor vehicle sales tax in Minn. Stat. ch. 297B. 1,1 FF-9. Taxation of Electronic Commerce (GC) 12 Issue: Sales over the Internet and through other electronic means are projected to increase 13 exponentially over the next several years. Electronic transactions pose significant tax-policy 14 challenges because of the difficulty of assigning a location to electronic sales and because many 15 Internet goods are not tangible property. 16 Response: Federal tax policy should not place main street businesses at a competitive 17 disadvantage to electronic retailers, must not jeopardize repayment of bonds backed by 18 state and local sales tax revenues, and should ensure stability in state and local revenues. 19 To address the challenges created by the growth of electronic commerce,the League of 20 Minnesota Cities supports the multi-state effort to develop a streamlined sales tax system. 21 The League also supports federal legislation, such as the Main Street Fairness Act, which 22 would provide congressional authority for states that comply with the Streamlined Sales 23 and Use Tax Agreement to require remote retailers to collect and remit state sales taxes. 24 FF-10. Online Travel Companies and Local Hotel Occupancy Taxes (GC) 25 Issue: In the past, online travel companies (OTCs) were collecting hotel occupancy taxes from 26 consumers but only remitting a fraction of the taxes collected to local and state governments. 27 OTCs are seeking federal legislation to relieve them from their obligations and deprive state and League of Minnesota Cities 2015 City Policies Page 165 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 local governments of virtually all hotel taxes. The Center on Budget and Policy Priorities 2 estimates the minimum annual revenue loss to local and state governments under the OTC's 3 proposal will exceed $1 billion and increase to $8.5 billion annually if hotels adopt the OTC's 4 business model. The 2011 Legislature made clarifications under Minn. Stat. § 297A.61 and 5 297A.66 that defines "accommodations intermediary" and requires them to collect the sales tax 6 on the total charge to the customer,but there are still questions on the application of the new law. 7 Response: The League of Minnesota Cities opposes legislation that grants OTCs a tax 8 exemption that terminates existing or bars future obligations to pay hotel taxes to state and 9 local governments, or otherwise restricts legal actions by states and localities. 10 FF-11. Taxation of Electric Generation Personal Property (GQ 11 Issue: Investor-owned utilities (IOUs) have a longstanding relationship with Minnesota cities. 12 IOUs site baseload power plants in host communities, and in exchange pay personal property tax 13 on attached generation machinery to the cities, counties and school districts hosting the plants. 14 These plants bring jobs to our communities, but they also create nuisances such as air pollution, 15 nuclear waste, noise, vibration, and coal train traffic. They also create security risks and take up 16 land that could be used for other, less disruptive commercial and industrial development. Cities 17 believe personal property taxes paid by IOUs are a fair compensation for the environmental and 18 economic costs of hosting baseload power plants. 19 IOUs argue that personal property tax relief is important to pass along to their shareholders and 20 ratepayers. However, only a few IOU shareholders and ratepayers actually live in the 21 communities hosting baseload power plants. Further, almost all new power plants receive 22 personal property tax exemptions from the Legislature, while host communities with existing, 23 non-exempt baseload plants will continue to have them for decades to come. 24 Response: Personal property taxes on attached electric generation machinery are a fair 25 way to spread the environmental and economic costs of electric generation power plants 26 among all IOU shareholders and ratepayers. The League of Minnesota Cities supports the 27 continuation of personal property taxes paid by IOUs to host communities for existing and 28 new facilities. As the Department of Revenue analyzes methods of utility taxation in its League of Minnesota Cities 2015 City Policies Page 166 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 Study of Electric Energy Producing Systems (Session Law 2014, Chapter 308), the League 2 of Minnesota Cities supports the inclusion of these environmental and economic costs in 3 assessing the appropriate property taxes paid to host cities by electric generation facilities 4 FF-12. Taxation of Municipal Bond Interest (GC/HC) 5 Issue: The federal and state laws that grant a tax exemption to bondholders for municipal bond 6 interest lowers borrowing costs for cities and reduces property tax levies. 7 Response: Congress and the state should maintain the tax exemption for municipal bond 8 interest income. 9 FF-13. Pollution Control Exemption (GC) 10 Issue: Minnesota grants electric utilities and several other industries a property tax exemption 11 for personal and real property that is primarily used for pollution control. Minnesota adopted the 12 property tax exemption that now extends to electrical generation systems, agricultural operations, 13 and wastewater treatment facilities in 1967,before water and air pollution were heavily regulated 14 by the Environmental Protection Agency and the Minnesota Pollution Control Agency. The 15 language and the purpose of these statutes have evolved through the years. When states first 16 began adopting these tax incentives in the 1960s, they hoped to encourage utilities, industrial 17 plants, and others to install pollution control equipment. Gradually, as regulation increased, 18 states adopted the exemptions to help companies offset the cost of the equipment. 19 This tax benefit erodes local tax bases. In 29&7 2013,more than$4- $1.8 billion of personal and 20 real property for electrical generation was exempted from the market value of utilities. The 21 incentive value of this benefit is low because utility companies are often-required to install the 22 equipment anyway. In addition, these companies frequently recover the cost of the equipment 23 through rate riders granted by the Public Utilities Commission. Allowing the pollution control 24 equipment exemption places the cost of this equipment on the citizens of the host community, 25 rather than the purchasers of electricity. 26 Response: The pollution control exemption places an undue burden on host communities 27 without incentivizing the environmentally responsible behavior that it was originally League of Minnesota Cities 2015 City Policies Page 167 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 created to encourage. The League of Minnesota Cities supports narrowing or eliminating 2 the pollution control equipment exemption for investor owned electric generation facilities. 3 The League would also support allowing utilities to continue to recover their costs relating 4 to the pollution control equipment by spreading those costs to electricity users. 5 FF-14. State Support for Municipal Energy Policy Goals (CJ) 6 Issue: The State of Minnesota has adopted an energy policy focusing on the promotion of energy 7 efficiency and the expansion of renewable energy with the goal of achieving a reduction in 8 carbon generation through reduced use of fossil fuels. Minnesota cities share this goal,but 9 already strained budgets and reserves at the state and local level have limited the ability of the 10 state to assist local units of government in furthering specific projects that support the overall 11 state goal. In addition, institutional knowledge and capacity of most cities limits their ability to 12 explore energy efficiency or renewable energy projects, even projects whose energy "payback" 13 could finance project capital costs. 14 Response: The League of Minnesota Cities calls on our legislators and state executive 15 agencies charged with accomplishing the state's energy policy goals to assist cities, 16 townships and counties with tailored efforts to identify appropriate energy efficiency and 17 renewable energy projects for undertaking at the local level. State law should allow and 18 support utility grant and loan programs and Property Assessed Clean Energy Programs, 19 both publically and privately funded. 20 The state should create a grant and loan program to offset start-up capital expenses for 21 projects identified where the savings in energy costs can offset capital project costs or 22 where projects are needed to meet energy policy goals. The state should clarify that cities 23 may use public utility franchise agreements to advance energy policy goals. Additionally, 24 state efforts should recognize that state energy agency technical expertise should be made 25 available to cities at no cost. League of Minnesota Cities 2015 City Policies Page 168 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 FF-15. State Restrictions on Local Budgets (GQ 2 Issue: During the 2013 legislative session, levy limits were imposed on cities over 2,500 3 population for one year. Levy limits replace local accountability with a state judgment about the 4 appropriate level of local taxation and local services. Additionally, state restrictions on local 5 budgets can have a negative effect on a city's bond rating due to the restriction on revenue 6 flexibility. 7 Levy limits also fail to account for the decertification of tax increment financing districts. Upon 8 decertification, the property taxes that were formerly collected and used to support the public 9 improvements in the TIF district can no longer be collected at the same rate and used to support 10 ongoing general city operations. 11 Response: City councils are elected to make decisions about local budgets and meeting 12 community needs and despite four years of deep cuts in state aid and credit 13 reimbursements, recent city levy increases have been well below the previous ten-year 14 average. It is inappropriate for the Legislature to'undermine local decision-making and 15 accountability through the continued imposition of levy limits or proposals such as the 16 "taxpayers' bill of rights." The League of Minnesota Cities supports the principle of 17 representative democracy that allows city councils to formulate local budgets without state 18 restrictions. 19 FF-16. Tax Hearing and Notification Process (GQ 20 Issue: Cities must set a preliminary levy by September 4-530, which is the levy used to compute 21 the parcel-specific property tax notification forms. With only a few limited exemptions (e.g., 22 voter-approved levies, levies for natural disasters and levies for certain tort judgments), this 23 preliminary levy,by law,becomes the maximum that cities can levy the following year. As a 24 result, cities may be unable to budget for unforeseen needs that arise after September 4-5 30. 25 The 2009 Legislature eliminated the separate tax hearing requirement and replaced it with a 26 requirement that the public be allowed to speak at a regularly scheduled meeting on the budget League of Minnesota Cities 2015 City Policies Page 169 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 and tax levy. These changes erroneously repealed an exception to the tax hearing and notification 2 process for cities adopting their levies at or less than the current rate of inflation. 3 With the major property tax changes enacted by the Legislature in 2011, city officials have found 4 it difficult to explain to local taxpayers not only the effects of their budget and levy decisions but 5 also the separate effects of the actions of the state Legislature. 6 Response: Cities should have the authority to increase the final levy from the preliminary 7 levy with the approval of the commissioner of the Department of Revenue, to meet 8 additional, unforeseen and uncontrollable needs,including arbitrator awards resulting 9 from labor negotiations, the impact of new and existing federal or state mandates including 10 administrative rules, or other non-discretionary budget factors. 11 -The Z049 tax hearing and notification elianges-law should be carefully reviewed to assure 12 that the legislative intent is reflected in the amended statutes. The exeeptio-a—to the to-* 13 hearing and nefifieatio . . !nts for eities with more than 500 residents and a 14 propose levy itte ease bel the 1"they+ti:ee deflator- (1PD) should br-einst%ted-. 15 Specifically, the League supports the following: 16 • Modifying Minn. Stat. & 275.065 to clearly and fully exclude cities of population 500 17 and under from the budget and levy hearing requirements; 18 • Reinstating the exception to the tax hearing and notification requirements for cities 19 with more than 500 residents with a proposed levy increase below the implicit price 20 deflator (IPD); and 21 • Moving the proposed levy certification deadline for all instrumentalities of local 22 government and special taxing authorities to September 30. 23 In order to assist local officials with the challenge of explaining legislative changes to the 24 property tax system, legislators should attend and be encouraged to participate in local 25 government budget hearings in their districts. League of Minnesota Cities 2015 City Policies Page 170 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 FF-17. City Fund Balances (GC) 2 Issue: As a component of a prudent financial management plan, cities maintain a fund balance 3 composed of cash flow funds, savings for projects, and rainy day reserves to maintain high level 4 bond ratings and to minimize borrowing costs. Although the size of a city's fund balance should 5 be determined through local financial needs and local preferences, some cities are being 6 criticized for maintaining "excessive"reserves. 7 The Office of the State Auditor(OSA)report measures city fund balances on December 31, 8 shortly after the city receives its largest sources of revenue from the property tax and state aid 9 distributions. Te measufeMeasuring at this time,however, yields a picture of a high fund balance 10 even though the city will spend down these funds to cash flow the next five to six months of its 11 operations. 12 Response: The state should respect local decisions on adequacy of local fund balances. The 13 League of Minnesota Cities opposes any attempt to divert local reserves to benefit the state 14 budget. 15 FF-18. Local Option Sales Tax and City Revenue Diversification (GC) 16 Issue: Under current state law, the property tax is the only generally accessible form of local tax 17 revenue for cities. Even with the restoration of$80 million in LGA funding by the 2013 18 legislature, state aid funding remains below the 2002 funding level. Allowing cities to diversify 19 their revenue stream would help prevent rapid additional future reliance on the property tax. 20 The basic public finance rationale for diversification of local tax systems is rooted in the fact that 21 economists generally agree that there is no perfect tax. Each tax has unique strengths and 22 weaknesses and the more intensively any single tax type is used, the more obvious its 23 shortcomings become. For example, the property tax is generally regarded as being very stable 24 throughout the economic cycle and it is considered to be a relatively easy tax to administer and 25 enforce. However, when property tax burdens become too high, there may be negative 26 consequences for other public policy objectives such as business development and home 27 ownership. League of Minnesota Cities 2015 City Policies Page 171 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 In addition to avoiding the problems created by excessive reliance on any single tax, a balanced 2 and diversified revenue system for Minnesota cities may create a more favorable business 3 climate and provide for greater stability of revenues to the recipient government unit throughout 4 the course of the economic cycle. 5 Under Minn. Stat. § 297A.99, the Legislature has created a set of local sales tax rules and a 6 defined process by which cities and other political subdivisions can impose a general local option 7 sales tax. Although the statutory process requires the city council to adopt a resolution 8 supporting the local sales tax and also requires the city to seek voter approval of the sales tax at a 9 general election, the process continues to require the final authorization of the local sales tax by 10 the Legislature through the passage of a special law. DtHiiig-tkeSince 2011 sessien, seven 11 additional cities have successfully sought legislative authorization to impose new local sales 12 taxes of to amend as existing leea4 sa4es*a- As a result, there are now 31 cities that currently are 13 authorized to impose a general local sales tax. 14 Response: Cities should be able to diversify their sources of revenues. The League of 15 Minnesota Cities continues to support a statutory change that will allow a city to enact a 16 local sales tax for public improvements, including but not limited to those specified in the 17 2011 legislation: 18 a) Convention or civic centers; 19 b) Public libraries; 20 c) Parks, trails, and recreational facilities; 21 d) Overpasses, arterial and collector roads, or bridges, on, adjacent to, or connecting to a 22 Minnesota state highway; 23 e) Railroad overpasses or crossing safety improvements; 24 f) Flood control and protection; 25 g) Water quality projects to address groundwater and drinking water pollution problems; 26 h) Court facilities; 27 i) Fire,law enforcement, or public safety facilities; or 28 j) Municipal buildings. League of Minnesota Cities 2015 City Policies Page 172 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 Local sales taxes would follow the process outlined in Minn. Stat. § 297A.99 but without the 2 need for the approval by the Legislature and governor through the passage of special 3 legislation. The League supports allowing the referendum to be conducted at either a 4 general or a special election. 5 State law should also be modified to generally authorize any city to impose other types of 6 taxes such as a local payroll tax or an entertainment tax with the adoption of a supporting 7 resolution by the city council and after approval by the voters at a general or special 8 election. 9 In addition, cities should be able to modify the use of their local lodging tax revenues and 10 have general authority to create utilities, similar to the storm sewer utility authority,in 11 order to fund local services where benefit or usage of the service can be measured. 12 FF-19. City Franchise Authority (LZ/CJ) 13 Issue: Under Minn. Stat. ch. 216B and Minn. Stat. § 301B.01, a city may require a public utility 14 furnishing gas or electric utility services or occupying streets,highways or other public property 15 within a municipality to obtain a franchise to operate within the community. In addition, cable 16 system operators are required to obtain a franchise under Minn. Stat. ch. 238. 17 Under a franchise, the city may require the utility to pay a fee to the municipality to help offset 18 public maintenance costs for the public property and generate a return on a publicly held asset. 19 The fee is intended as a mechanism by which gas or electric utilities with facilities occupying the 20 public streets and highways compensate the city for the use of a valuable public asset and/or for 21 the increased maintenance and reconstruction costs associated with having facilities in the right- 22 of-way. 23 State law currently allows the franchise fee to be based upon gross operating revenues or gross 24 earnings of the utility from its operations in the municipality. In this manner, all utility users 25 within the municipality contribute to the public costs associated with the utility operation. In the 26 absence of franchise fees, municipal costs resulting from utility operations are currently being 27 funded through the property tax, which is being paid for by property tax payers. League of Minnesota Cities 2015 City Policies Page 173 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 Many cities also have policies related to utility company services and products that could be 2 supported under conditions of a franchise agreement, such as local renewable energy and energy 3 efficiency programs. Current statutes do not explicitly provide city authority to include those 4 types of performance conditions in a franchise agreement. 5 Response: Municipal authority to collect franchise fee revenues from utilities is an 6 important and equitable mechanism to offset the costs of maintaining public right-of-way 7 and to generate a return on a publicly held asset. Municipal franchise authority must be 8 preserved and should be expanded to allow city policy priorities to be addressed through 9 conditions in franchise agreements that have the cost covered by local ratepayers,where 10 appropriate, and can be accomplished within the local franchise boundaries. In addition,in 11 situations where a local provider decides to sell their operations, the city must have the 12 right of first refusal to purchase the assets of the utility. 13 FF-20. Utility Valuation Transition Aid (GQ 14 Issue: In 2007 the Minnesota Department of Revenue revised its rules regarding the valuation of 15 electric and natural gas utility property. This change in the rules resulted in valuation changes 16 for utility property that dramatically reduced the amount of revenue that local governments will 17 collect in property tax from these utilities. 18 Recognizing that the communities that host these utilities bear extraordinary burdens connected 19 with stress on local infrastructure, public safety, and public nuisance due to the presence of these 20 facilities in their communities, the Legislature created the Utility Valuation Transition Aid 21 program. This program compensates host communities that have lost more than 4 percent of 22 their net tax capacity as a result of Department of Revenue's rule changes. 23 Response: The League of Minnesota Cities supports the continuation of the Utility 24 Valuation Transition Aid program and opposes any efforts to change statutory language or 25 to divert promised funds away from host communities for any purpose 26 he t f budget should ., budget. there be budget def ei . If the Legislature does determine that it is V411\. 27 necessary to re-allocate the funds in the Utility Valuation Transition Aid program for 28 another purpose,the League supports other legislative efforts that would compensate the League of Minnesota Cities 2015 City Policies Page 174 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 host communities for the economic and environmental costs of hosting these facilities 2 thought reimbursement from the investor owned utilities. These other efforts could 3 include, but are not limited to,increasing the class rate on utility property to the extent that 4 it would offset the negative effects of the utility valuation rule change. 5 FF-21. Payments for Services to Tax-Exempt Property (GC) 6 Issue: Taxable property in many cities is being acquired by nonprofit and government entities. 7 Converting the property to tax-exempt status can lead to serious tax base erosion without any 8 corresponding reduction in the service needs created by the property. 9 In 2013, legislation was introduced that would have broadly exempted non-profit property from 10 paying user fees or service charges for any service funded in part with property taxes over the 11 previous five years. Under certain circumstances, this proposal could have potentially exempted 12 non-profits from paying for even utility charges. 13 Response: Cities should have the authority to collect payments from statutorily-exempt 14 property owners to cover costs of service similar to the authority provided under the 15 special assessment law. The League opposes legislation that would exempt non-profits from 16 paying for user fees and service charges that help fund services these organizations use. 17 FF-22. Fire Service Taxing Districts (AF) 18 Issue: Fire service districts have the potential to reduce duplication of equipment purchases and 19 services, and to improve uniformity of service delivery throughout a region. One obstacle to 20 establishing fire service districts is the absence of statutory authority to establish fire taxing 21 districts. The Legislature has granted authority for special taxing districts to provide services 22 such as watershed management and emergency medical services. In spite of growing funding and 23 staffing challenges, this authority does not currently exist for providing fire protection services. 24 Response: The League of Minnesota Cities recognizes that some regions of the state could 25 sustain or improve fire protection services if fire taxing districts were authorized. The 26 League supports authority for local units of government to establish fire service taxing League of Minnesota Cities 2015 City Policies Page 175 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 districts provided that 1) participation in a district is a local decision, and 2) fire taxing 2 districts must be governed by elected officials representing the participating entities. 3 FF-23. Housing Improvement Areas/Special Service Districts (HQ 4 Issue: In 1996, cities were granted general authority under Minn. Stat. § 428A.11 to § 428A.21 5 to use Housing Improvement Areas (HIAs) in order to finance housing improvements for 6 condominium and townhome complexes. Several cities around the state have used this tool, and 7 found it to be a useful mechanism for maintaining older association homes. 8 The 2013 Legislature also granted HIA authority to a county Community Development 9 Authority(CDA). As part of that authority, the CDA is required to gather local approval before 10 creating an HIA. 11 In 1996, the Legislature also gave cities the general authority to create Special Service Districts 12 (SSDs). Cities around the state have used this tool to provide an increased level of service to 13 commercial or industrial areas, commonly in areas of retail concentration. The 2013 legislature 14 extended the sunset for both tools for 15 years, making it now set to expire on June 30, 2028. 15 As cities work to develop and/or redevelop commercial, industrial, and residential areas, new 16 ways of paying for and providing increased levels of service should be available to local entities. 17 Use of Special Service Districts in mixed-use development is one tool that could be available for 18 this purpose. 19 Response: The Legislature should give cities permanent authority to create HIAs and 20 SSDs. The League also supports the potential use of SSDs for mixed-use districts that 21 include residential and commercial/industrial properties. The law should be reviewed to 22 determine to what extent mixed-use properties can and should contribute to a Special 23 Service District from which they will benefit. The League would support legislation that 24 expands SSDs to include mixed use development to the extent it balances the benefits and 25 obligations of residential properties within the district. 26 If the Legislature grants multi-jurisdictional entities the authority to create HIAs, creation 27 of an HIA must require local approval. League of Minnesota Cities 2015 City Policies Page 176 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 FF-24. Tax-Forfeited Properties and Local Special Assessments (GC) 2 Issue: Special assessments are a charge, authorized by the Legislature and state law, imposed on 3 properties for a particular improvement that benefits those selected properties. Cities follow 4 complex,time-consuming statutory special assessment procedures to specially assess the 5 appropriate amount of the local infrastructure improvements to those properties. 6 If a property with validly attached special assessments goes into tax-forfeiture, the county auditor 7 cancels all of the local special assessments due and remaining unpaid on each parcel, which is 8 authorized in Minn. Stat. § 282.07. Therefore, the city loses the funds previously budgeted and 9 planned for to pay for the local improvements. To underline this point, the funds have already 10 been expended and if not collected,result in losses to the city. 11 When tax-forfeited land returns to private ownership, and the parcel benefitted from an 12 improvement for which the city canceled special assessments because of the forfeiture, the city 13 may assess or reassess the parcel. But cities must go through the same cumbersome notice and 14 hearing procedures in order to re-attach the assessments. 15 Response: The Legislature should remove cancellation of local special assessments from 16 state law, allowing cities to receive the funding validly assessed and counted on to fund 17 local infrastructure improvements. 18 FF-25. Distribution of Proceeds from the Sale of Tax-Forfeit Property 19 (GC/PH) 20 Issue: When properties go into tax forfeiture all levels of government lose tax revenue that 21 would otherwise support the services they provide. It is always in the best interest of taxpayers to 22 return these properties to the tax rolls as quickly as possible. 23 Although the tax forfeiture process is controlled by the county, and counties have a legitimate 24 need to be reimbursed for reasonable administrative costs, the city often has more at stake 25 financially in terms of costs fronted to facilitate development(e.g., assessments for public 26 infrastructure and unpaid development or utility fees). While the tax forfeit procedure provides a 27 process for the repayment of special assessments, it does not require the repayment of unpaid League of Minnesota Cities 2015 City Policies Page 177 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 utility charges or unpaid building and development fees. Further, due to large assessments that 2 some cities are left with, it may not be practical to sell a tax-forfeited property subject to a 3 special assessment, and city taxpayers may be forced to absorb the sunk costs of a project in 4 order to sell the property. 5 State statutes governing the apportionment of the proceeds from the sale of tax forfeit property 6 allow counties to first recover administrative costs related to the tax forfeiture process before 7 subsequent allocations are made for special assessments and hazardous waste cleanup associated 8 with the property. Although the tai, e,.f ittffe p o is eentfelled by the eetinty, the eity,.�vr 9 ., assessfHents 10 forPublie 11 State law is unclear whether the proceeds from a tax forfeiture transaction should be used to 12 reimburse the county only for the expenses associated with the transacted parcel, or if the 13 proceeds can be used to reimburse the county for administrative costs associated with other 14 parcels that were not transacted. When the latter allocation method is employed by a county, the 15 transaction proceeds can be disproportionately applied to county administrative costs resulting in 16 a lower allocation of remaining proceeds to cover existing special assessments,hazardous waste 17 cleanup costs and ultimately the final allocation of residual tax forfeit sale proceeds to cities. 18 assessments, it. 19 does not r-equir-e the r-epayment of unpaid utility ehar-ges or-unpaid building and dep�,elepment. 20 fees. 21 In addition, counties are allowed to use 30 percent of the amount remaining after the deduction 22 for administrative expenses and the repayment of special assessments for forest development 23 projects and then 20 percent of any remaining proceeds for county parks and recreation projects. 24 The structure of the distribution of the proceeds frequently results in cities receiving a very small 25 percentage of the initial forfeit sale proceeds. As a result cities may not recoup even a portion of 26 the unpaid taxes or special assessments owed on a property. 27 In most cases, cities and counties work collaboratively to ensure that properties are returned to 28 the tax rolls quickly to benefit all taxpayers. However, when consensus is not reached, the tax League of Minnesota Cities 2015 City Policies Page 178 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 forfeiture statutes place cities at a disadvantage and can disproportionately burden the taxpayers 2 of the city in which the properties are located. 3 Response: The League of Minnesota Cities believes the tax forfeiture statutes should be 4 reviewed and amended as necessary to ensure that the needs of city and county taxpayers 5 are properly balanced. Specifically,Tthe League of Minnesota Cities supports changes in 6 the distribution of the proceeds from the sale of tax forfeit property contained in Minn. 7 Stat. § 282.08 to elevate the priority for repayment of unpaid charges for electricity,water 8 and sewer charges certified pursuant to Minn. Stat. §444.075 subd. 3(e), and any unpaid 9 fees prescribed pursuant to Minn. Stat. § 462.353 subd. 4(a),to require those unpaid 10 charges and fees to be repaid immediately after unpaid special assessments. 11 The proceeds from the sale of a tax forfeited parcel should be used to pay the assessments 12 and administrative and development costs for the transacted parcel. Minn. Stat. § 282.09 13 should be amended to prevent the proceeds from the sales of a tax forfeited parcel to be 14 used to pay excessive administrative costs or the costs for other parcels in the county until 15 16 eities city is fairly reimbursed for unpaid assessments and development costs of the 17 transacted parcel. 18 Before the final distribution of any remaining proceeds from the sale of tax forfeited land 19 are distributed to cities, counties, and school districts, Minn. Stat. 282.08(4)(1) and (ii) 20 give counties the right to take up to half of those proceeds for county forest development 21 and county park and recreation areas. The League also supports the elimination of these 22 separate statutory apportionments 23 while allowing counties to use their designated 40 percent share of 24 the remaining proceeds for these uses. 25 FF-26. State Hazard Mitigation and Response Support (CJ) 26 Issue: Cities in Minnesota are exposed to extreme weather events such as winds, flooding, fires, 27 and drought and are facing the severe financial consequences of the clean-up, repairs, and League of Minnesota Cities 2015 City Policies Page 179 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 community social and economic recovery, even though damages may be deemed "not of such 2 severity and magnitude" as to qualify for federal assistance. 3 Response: The League of Minnesota Cities calls on our legislators and state executive 4 agencies charged with hazard mitigation planning to address not only a response to 5 extreme weather events but to also put into place a pro-active strategy to minimize or 6 mitigate the financial consequences. At a minimum, this effort should offer a reasonable 7 loan funding program that is easily accessible by cities,businesses and homeowners to 8 financially recover and rebuild,with the ultimate goal of preserving jobs, industries, and 9 communities. 10 The state response should allow for the use of new technology and best management 11 practices for any reconstruction of infrastructure to lessen the impact of future disasters 12 and to mitigate the effects of disasters resulting from future extreme weather events. 13 FF-27. Impact Fees (GQ 14 Issue:New development and the resulting growth create an increased demand for public 15 infrastructure and other public facilities. Severe constraints on local fiscal resources and dramatic 16 forecasts for population growth have prompted cities to reconsider ways to pay for the inevitable 17 costs associated with new development. 18 Traditional financing methods tend to subsidize new development at the expense of the existing 19 community, discourage sound land-use planning, place inefficient pressures on public facilities, 20 and allow under-utilization of existing infrastructure. Consequently, local communities are 21 exploring methods to ensure new development pays its fair share of the true costs of growth. 22 Given the existing authorization to impose fees on new development for water, sanitary and 23 storm sewer, and park purposes, it is reasonable to extend the concept to additional public 24 infrastructure and facilities improvement also necessitated by new development. 25 Response: The Legislature should authorize local units of government to impose impact 26 fees so new development pays its fair share of the off-site, as well as the on-site, costs of League of Minnesota Cities 2015 City Policies Page 180 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 public infrastructure and other public facilities needed to adequately serve new 2 development. 3 FF-28. Equity in Library Funding (HQ 4 Issue: Many eeffimtfflity libr-afies iff Minnesota are My owned. Although laeated iff an ilidivid 5 , 6 , 7 , 8 , 9 begets: 10 State law requires that local governments maintain a minimum level of funding for public library 11 services. This is collectively known as "state-certified levels of library support," or more 12 commonly known as, "maintenance of effort(MOE)" and is described in Minn. Stat. § 134.34. 13 A majority of public libraries in Minnesota belong a regional librarysystem, which is the entity 14 that receives library funding from the Minnesota Department of Education. Six of the 12 regional 15 library systems are structured as a federated system where the individual libraries or library 16 systems operate autonomously from the regional library system but they can utilize certain 17 services such as inter-library loan distribution, digital card cataloging, which capitalize on 18 economies of effort from partnering with the other libraries in the regional system. The MOE for 19 cities in a federated library system is now set at 90% of the amount established in 2011 (see 20 Minn. Stat. & 275.761). In 2011, it was calculated using a formula that included payments made 21 in the form of the library employee salaries,payments toward operating the facility, purchasing 22 materials from the library, and other operating costs, adjusted net tax capacity, and several other 23 factors. The other half of the state's public library systems are consolidated systems, where the 24 regional library system runs the libraries through a joint powers agreement with counties and 25 participating cities. The regional library system has a board and hires the director. A city that 26 participates in the regional system will have an MOE (calculated as described above). The city 27 MOE may include dollars provided directly to the regional library system or operating dollars 28 provided to support building costs (i.e. city-provided maintenance services). League of Minnesota Cities 2015 City Policies Page 181 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 In the metropolitan area, the seven county library systems and one cit l�ry system belong to 2 the Metropolitan Library Services Agency(MELSA), the metro area regional library system. 3 Most of the cities that operate libraries independently from their count l�ary system belong to 4 MELSA as affiliates of their count ly ibrary system. The funding of libraries in MELSA maybe 5 from a county levy, a cily levy, a city library fund from the general city levy or a combination. 6 Most libraries not only serve city residents,but also serve people that reside outside of city limits 7 who, in some cases, are not fully contributing to the upkeep, maintenance or operations of the 8 library through property tax levies. While counties do contribute to municipal libraries, this 9 support falls well short of the per capita amounts contributed by city residents. 10 City officials support libraries and believe that a system of equitably funded libraries is needed. 11 One approach that has been previously approved by the Legislature is providing for funding 12 through regional tax levies designated as "library districts." A district would have the authority 13 to levypublic library services in lieu of their member cities and counties. Under Minn. Stat. 14 � 134.201, the Great River Regional Library ystem and the East Central Regional Library 15 System already have authority to create "library districts." 16 Some cities also contribute a supplemental amount of funding separate from MOE requirements, 17 usuallyto o pay for building maintenance costs. When the state calculates the required MOE for 18 each local unit of government, it does not take into account the money cities contribute to a 19 library building in their community. The MOE requirement is a mandate on cities that does not 20 allow for local decision making. However, it provides a stable source of funding to protect the 21 investment in library resources and services around the state. There are some groups that are 22 advocating for a restoration of the MOE to levels at least as high as the 2010 level. 23 Response: The League of Minnesota Cities supports equity in availability of quality libr-ar-1, 24 sefviees to efty and township residents as long m there is equity in Weal property tar,lev4es 25 , 26 the idea of regional publie library distAets on a statewide basis, similar-to the allthor-ity 27 . League of Minnesota Cities 2015 City Policies Page 182 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 , and eapita 2 ents to the library, those eosts must be eensider-ed part of the total equity 3 , 4 eities should be r-efieved of state mandated maintenanee of effort fanding levels and given 5 the author-ity to ehar-ge user-fees for- other- ser-viees without jeopar-dizing the state aid they 6 do r-eeeive. Cities that provide librar-y faeffifies where libr-aFy operations are assoeiated 7 with a regional fibr-aFy system should be eontFaetuaUy guar-anteed a diFeet voiee in the 8 . 9 The League of Minnesota Cities supports equitable funding for local libraries to allow for 10 local budget decision making. Changes to the maintenance of effort by the Legislature 11 should be as follows: 12 a) The required annual payment should reflect the amount the city pays toward 13 maintenance, upkeep, and capital improvements to the library in that year. 14 b) If the MOE reduction in Minn. Stat. � 275.761 is restored to a level at least as high 15 as the 2010 level, it should be phased in over three years. 16 c) Any relief provided to the county MOE requirement should not result in additional 17 funding requirements to cities. 18 The authority for library systems to create library taxing districts should be expanded 19 statewide; this could be especially relevant to consolidated library systems. 20 The Legislature should allow municipal libraries the ability to charge non-residents for 21 membership and\or other services without the loss of any State or Federal aids. 22 FF-29. Equitable Funding of Community Education Services (GC/HC) 23 Issue: Under Minn. Stat. § 124D.20, school districts are authorized to levy for community 24 education programs that can include youth recreational activities. However, state statute limits 25 the total amount of revenue that can be raised by the school district to fund community education 26 programs and this limit has not been sufficiently increased in recent years. In many instances, League of Minnesota Cities 2015 City Policies Page 183 2015 DRAFT POLICIES- IMPROVING FISCAL FUTURES 1 cities participate in the funding of these programs and with the statutory limit on the amount 2 school districts can levy, the increased cost of these programs is increasingly falling on cities and 3 their property taxpayers. In areas where the school district is significantly larger than the city, the 4 burden of funding these programs is falling disproportionately on city taxpayers while the 5 programs benefit the entire school district. 6 Response: The League of Minnesota Cities supports a statutory increase in the community 7 education revenue authorization for school districts. Increasing the amount of the 8 community service revenue available to school districts would provide a steady source of 9 revenue, which would be assessed against all properties in the school district, not just 10 against properties in the city. League of Minnesota Cities 2015 City Policies Page 184 2015 DRAFT POLICIES-IMPROVING FISCAL FUTURES 1 FF-NEW-A. Street Reconstruction Bond Approval (GC/PH) 2 Issue:Under Minnesota law, financing the maintenance of streets can be a challenge for city 3 councils. Minn. Stat. 475.58 subd. 3b authorizes a city council,by unanimous vote, to approve 4 the issuance of bonds to finance street reconstruction or bituminous overlays without voter 5 approval. The unanimous council approval requirement is further subject to a reverse 6 referendum process whereby a number equal to five percent of those voting;in the last municipal 7 general election can petition for a referendum to approve the issuance of the bonds. 8 Response: Street maintenance is one of the essential functions of cities in Minnesota. The 9 laws governing issuance of bonds to maintain streets should be amended to allow the 10 approval of the bonds by a simple maiority of the council. The existing reverse referendum 11 process assures that taxpayers could trigger a referendum on the issuance of bonds if they 12 can meet the five percent petition threshold. 13 League of Minnesota Cities 2015 City Policies Page 185 METRO CITIES ,ems„ aon dm* rom.n Mu"Icgam« Legislative Policies January 2015 Metro Cities Association of Metropolitan Municipalities 145 University Ave. W. St. Paul, Minnesota 55103-2044 Phone: (651) 215-4000 Website: wwiv.MetroCitiesMN.org Fax: (651) 281-1299 Twitter: @MetroCitiesMN Ms.Patricia Nauman Mr. Todd Olson Mr. Charlie Vander Aarde Ms. Laurie Jennings Executive Director Gov't Relations Specialist Gov't Relations Specialist Office Manager (651)215-4002 (651)215-4003 (651)215-4001 (651)215-4004 Patriciana,MetroCitiesMN.org Todd ,MetroCitiesW..org Charlie(aMetroCitiesMN.org LauriekMetroCitiesMV.o Table of Contents Municipal Revenue & Taxation...................................................... 1 1-A State and Local Fiscal Relationship..................................................................... 1 1-B Revenue Diversification.......................................................................................2 1-C Levy Limits.......................................................................................................... 2 1-1) Restrictions on Local Government Budgets......................................................... 2 1-E Budget and Financial Reporting Requirements...................................................2 1-F Local Government Aid (LGA)............................................................................. 3 1-G State Property Tax Relief Programs..................................................................... 3 1-H Property Valuation Limits/Limited Market Value...............................................4 1-I Market Value Homestead Exclusion Program.....................................................4 14 Fiscal Disparity Fund Distribution.......................................................................4 1-K Constitutional Tax and Expenditure Limits......................................................... 5 1-L State Property Tax................................................................................................ 5 1-M Class Rate Tax System......................................................................................... 5 1-N Regional Facility Host Communities................................................................... 6 1-0 Sales Tax on Local Government Purchases......................................................... 6 1-P City Revenue Stability and Fund Balance............................................................ 6 1-Q Public Employees' Retirement Association(PERA)........................................... 6 1-R State Program Revenue Sources .......................................................................... 7 1-S Post-Employment Benefits................................................................................... 7 1-T Health Care Insurance Programs.......................................................................... 7 1-U State Budget Stability........................................................................................... 8 1-V Online Travel Companies and Taxes................................................................... 8 1-W Taxation of Electronic Commerce ....................................................................... 8 1-X Payments for Services to Tax Exempt Property................................................... 8 1-Y Proceeds from Tax Forfeited Property................................................................. 8 General Government..................................................................... 11 2-A Mandates, Zoning& Local Authority................................................................ 11 2-13 City Enterprise Activities................................................................................... 11 2-C Firearms on City Property............................................................I..................... 11 2-D 911 Telephone Tax............................................................................................. 12 2015 Legislative Policies i Table of Contents 2-E 800 MHz Radio System..................................................................................... 12 2-F Building Codes................................................................................................... 12 2-G Administrative Fines.......................................................................................... 13 2-H Residential Care Facilities....................... .......................................................... 13 2-I Annexation......................................................................................................... 14 24 Housing Ordinance Enforcement....................................................................... 14 2-K Statewide Funding Sources for Local Issues with Regional Impact.................. 15 2-L Dangerous Substance Regulation....................................................................... 15 2-M Private Well Drilling Restriction Authority....................................................... 15 2-N Organized Waste Collection............................................................................... 15 2-0 Election Administration Costs........................................................................... 16 2-P Utility Franchise Fees, Accountability and Cost Transparency......................... 16 2-Q Water Supply...................................................................................................... 17 Housing & Economic Development............................................. 19 Policies 3-A to 3-1: Introduction................................................................................... 19 3-A City Role in Housing.......................................................................................... 19 3-13 City Role in Affordable and Life Cycle Housing .............................................. 20 3-C Inclusionary Housing......................................................................................... 20 3-D Metropolitan Council Role in Housing.............................................................. 20 3-E Allocation of Affordable Housing Need............................................................22 3-F Housing Performance Scores.............................................................................23 3-G State Role in Housing......................................................................................... 24 3-H Federal Role in Affordable and Workforce Housing......................................... 25 3-I Vacant, Boarded, and Foreclosed Properties and Properties at Risk................. 26 34 Economic Development, Redevelopment and Workforce Readiness................27 34 (1) Economic Development ...............................................................................27 34 (2) Redevelopment............................................................................................. 28 34 (3) Workforce Readiness.................................................................................... 29 3-K Tax Increment Financing ...................................................................................30 3-L Eminent Domain ................................................................................................ 32 3-M Community Reinvestment.................................................................................. 33 3-N Business Incentives Policy................................................................................. 33 3-0 Broadband Technology...................................................................................... 33 3-P City Role in Environmental Protection and Sustainable Development............. 34 ii 2015 Legislative Policies I Table of Contents 3-Q Impaired Waters................................................................................................. 34 MetropolitanAgencies.................................................................. 37 4-A Goals and Principles for Regional Governance ................................................. 37 4-13 Regional Governance Structure ......................................................................... 38 4-C Comprehensive Analysis of Metropolitan Council............................................ 38 4-D Oversight of Metropolitan Council.................................................................... 38 4-E Funding Regional Services................................................................................. 39 4-F Regional Systems............................................................................................... 39 4-G Regional Water Supply Planning.......................................................................40 4-H Review of Local Comprehensive Plans ............................................................. 41 4-I Comprehensive Planning Process..................................... ...............................41 44 Comprehensive Planning Schedule....................................................................42 4-K Local Zoning Authority......................................................................................42 4-L Regional Growth................................................................................................42 4-M Natural Resource Protection...............................................................................44 4-N Inflow and Infiltration(1/1).................................................................................45 4-0 Service Availability Charge (SAC)....................................................................45 4-P Funding Regional Parks & Open Space.............................................................46 4-Q Livable Communities.........................................................................................46 4-R Density............................................................................................................... 47 Transportation............................................................................... 49 5-A Transportation Funding......................................................................................49 5-13 Regional Transit System....................................................................................49 5-C Transit Financing................................................................................................ 51 5-D Street Improvement Districts ............................................................................. 51 5-E Highway Turnbacks &Funding......................................................................... 52 5-F "3C" Transportation Planning Process: Elected Officials' Role....................... 52 5-G Photo Enforcement of Traffic Laws................................................................... 52 5-H Airport Noise Mitigation.................................................................................... 52 5-I Cities Under 5,000 Population........................................................................... 53 54 County State Aid Highway (CSAH) Distribution Formula............................... 53 5-K Municipal Input/Consent for Trunk Highways and County Roads ................... 54 5-L Plat Authority..................................................................................................... 54 2015 Legislative Policies iii Table of Contents 5-M City Speed Limit Control................................................................................... 54 5-N MnDOT Maintenance Budget............................................................................ 55 5-0 Transit Taxing District....................................................................................... 55 5-P Complete Streets ................................................................................................ 55 CommitteeRosters ....................................................................... 57 Housing&Economic Development.............................................................................. 57 MetropolitanAgencies .................................................................................................. 58 Municipal Revenue & Taxation.................................................................................... 59 Transportation& General Government......................................................................... 60 iv 2015 Legislative Policies o Municipal Revenue & pD Taxation 1-A State and Local Fiscal Relationship Metro Cities supports a strong state and local fiscal relationship that emphasizes adequacy, equitability and accountability for public resources, and effective communication among the state, its cities, and the public about the roles and responsibilities of state and local governments. Services provided by cities have traditionally been funded through a combination of property taxes, fees/charges and state aids. Increasingly, cities are bearing more of the responsibility for the costs for services that have historically been the responsibility of the state. Metro Cities supports a state and local fiscal relationship that affirms the goal of all citizens receiving adequate levels of basic public services at relatively similar levels of taxation,that compensates cities for service costs created by non-taxpaying users of city services, that reduces tax burden disparities among communities, and that assists cities with high needs and relatively low fiscal capacities. Metro Cities supports a strong state and local fiscal partnership that emphasizes the following principles: • Strong financial stewardship and accountability for public resources that emphasizes maximizing efficiencies in service delivery and effective communication between the state and local units of government, and to the public, about state and local roles and responsibilities; • Certainty and predictability in revenue sources including the property tax and local government aids, and the use of dedicated funds that meet specific local government needs. Metro Cities opposes the diversion of such dedicated funds to help balance state budgets; • Adequate revenue sources available to cities that allow the needs of cities to be met, mandates to be funded, and that maintain our state's economic vitality and competitiveness; • Adequate and timely notification regarding new legislative programs or modifications to existing state programs or policies to allow cities sufficient time to plan for implementation; and 2015 Legislative Policies 1 Municipal Revenue & Taxation • Metro Cities supports the concept of performance measuring,but opposes using state established local performance measurements to determine the allocation of state aids to local governments, or to deny local governments the authority to establish their own budgets and levies, as such measurements do not well account for varying local needs and circumstances. 1-B Revenue Diversification Metro Cities supports a balanced and diversified revenue system that acknowledges the diversity in city characteristics,needs and revenue capacities, and allows for greater stability in revenues. A diminishment in state aids creates severe challenges for many cities in the provision of public services and increased reliance on the property tax. Metro Cities supports greater access to other tax and revenue sources, and statutory modifications that allow cities to impose a local option sales tax for public improvements,without the need for special legislation. Metro Cities supports having local sales tax referendums conducted at a general or special election. The Legislature should recognize the equity considerations involved with local sales taxes, and continue to provide aids to cities that have high needs, overburdens and/or low fiscal capacity. 1-C Levy Limits Metro Cities strongly opposes levy limits. Levy limits undermine local budgeting processes, planned growth, and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services, despite varying local conditions and circumstances. 1-D Restrictions on Local Government Budgets Metro Cities opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy,or other limitations to the local government budget and taxing process. 1-E Budget and Financial Reporting Requirements State laws require cities to prepare and submit or publish numerous budget and financial reports. These requirements often add significant costs to cities, and many requirements often result in duplication. Any additional reporting requirements should be weighed to balance the need for additional information with the costs to cities of compiling and submitting this information. In light of the numerous existing reporting requirements, Metro Cities supports reducing the number of mandated reporting requirements. 2 2015 Legislative Policies Municipal Revenue & Taxation 1-F Local Government Aid (LGA) The LGA program, originally enacted in 1971,was created with the goals of providing property tax relief and ensuring a sufficient level of revenues for local government needs. Metro Cities supports Local Government Aid (LGA), the only form of general purpose state aid to Minnesota cities, as a means of ensuring that all cities are able to provide basic public services without over-burdening the property tax. Metro Cities' policies recognize that our state's prosperity and vitality depend significantly upon the strength of the metropolitan region. A functional and equitable LGA program works to assure that all cities can provide and fund local public services and infrastructure, in order to position our state and metropolitan region for strong economic growth. To ensure an adequate appropriation level for the program, Metro Cities supports increasing the LGA appropriation to at least its 2003 funding level, at which time the appropriation was originally set by the Legislature at$586.8 million. Metro Cities supports the Local Government Aid formula changes and appropriation increases of$90 million enacted during the 2013 and 2014 legislative sessions, bringing the overall appropriation to $516.9 million. The program modifications more adequately capture the varying needs and circumstances of cities across the state and make the program more equitable, functional and transparent. Metro Cities also supports adjusting the LGA appropriation for inflation and population growth in future years, to assure that the program can continue to meet cities' needs and move toward a more geographically equitable distribution as intended under the new structure. Metro Cities strongly opposes reductions of Local Government Aid for the purpose of balancing state budget deficits and opposes singling out specific communities for local aid reductions. Metro Cities also opposes freezes to LGA,which increase volatility in the distribution of LGA. 1-G State Property Tax Relief Programs Metro Cities supports state funded property tax relief programs that are paid directly to homestead property taxpayers such as the circuit breaker and enhanced targeting for special circumstances and supported the expansion of these programs in 2013 and 2014. Metro Cities supports an analysis of the state's property tax relief programs to determine their effectiveness and equity in providing property tax relief to individuals and families across the state. Metro Cities supports the use of the Department of Revenue's "Voss" database to link income and property values, and the consideration of income relative to 2015 Legislative Policies 3 Municipal Revenue & Taxation property taxes paid in determining eligibility for state property tax relief programs. Updates to the database should occur in a timely manner and data reviewed periodically to ensure the database's accuracy and usefulness. 1-H Property Valuation Limits/Limited Market Value Metro Cities strongly opposes the use of artificial limits in valuing property at market for taxation purposes, since such limitations shift tax burdens to other classes of property and create disparities between properties of equal value. 1-1 Market Value Homestead Exclusion Program The Market Value Homestead Exclusion Program (MVHE)provides property tax relief to qualifying homesteads,through reductions in property tax values, which shifts property taxes within jurisdictions. The MVHC replaced a former Market Value Homestead Credit Program, which provided credits on local government tax bills to qualifying properties, with reimbursements provided by the state to local governments. Metro Cities opposes restoration of the former Market Value Homestead Credit, as reimbursements to local governments were inconsistent, and encourages elimination of the exclusion program, as the program shifts taxes onto other property classes and further complicates the property tax system. 1-J Fiscal Disparity Fund Distribution The Twin Cities Area Fiscal Disparities Program, enacted in 1971, was created for the purposes of: • providing a way for local governments to share in the resources generated by the growth of the metropolitan area without removing existing resources; • promoting orderly development of the region by reducing the impact of fiscal considerations on the location of business and infrastructure; • establishing incentives for all parts of the area to work for the growth of the area as a whole; • helping communities at various stages of development; and • encouraging protection of the environment by reducing the impact of fiscal considerations to ensure protection of parks, open space and wetlands. Metro Cities supports the Fiscal Disparities Program. Metro Cities opposes any diversion from the fiscal disparities pool to fund specific programs or projects, as this would contradict the purposes of the program. Metro Cities recognizes that laws enacted in the 2013 legislative session to assist the expansion for the Mall of America were not in accordance with Metro Cities' legislative policy on fiscal disparities. This new law should not serve as a precedent for future 4 2015 Legislative Policies Municipal Revenue & Taxation legislative action with respect to funding specific projects or programs out of the fiscal disparities pool. Legislation that would modify or impact the fiscal disparities program should only be considered within a framework of comprehensive reform efforts of the state's property tax, aids and credits system. Any proposed legislation that would modify or impact the fiscal disparities program must be evaluated utilizing the criteria of fairness, equity, stability,transparency and coherence in the treatment of cities and taxpayers across the metropolitan region, and must continue to serve the program's intended purposes. Further studies or task forces to consider modifications to the fiscal disparities program must include participation and input from metropolitan local government representatives. 1-K Constitutional Tax and Expenditure Limits Metro Cities strongly opposes including tax and expenditure limits in the state constitution. This would eliminate any flexibility on the part of the Legislature or local governments to respond to unanticipated critical needs, emergencies,or fluctuating economic situations. When services such as education, public safety and health care require increased funding beyond the overall limit, experiences in at least one other state indicate that other publicly funded services receive less than adequate resources. Constitutional limits result in a reduced base during times of economic downturn and the inability to recover to previous service levels when economic prosperity returns. 1-L State Property Tax The state levies a property tax on commercial/industrial and cabin property. Since cities' only source of general funds is the property tax, Metro Cities strongly opposes extension of the state-levied property tax to additional classes of property. In the interest of increasing transparency around this tax,Metro Cities supports efforts to have the state provide information on the property tax statement regarding the state property tax. Metro Cities opposes exempting specific classes of property under the tax as such exemptions shift the costs of the tax onto other classes of property. 1-M Class Rate Tax System Metro Cities opposes elimination of the class rate tax system, or applying future levy increases to market value,since this would further complicate the property tax system. 2015 Legislative Policies 5 Municipal Revenue & Taxation 1-N Regional Facility Host Communities Municipalities hosting regional facilities (such as utilities, landfills or aggregate mining) incur costs and community impacts such as environmental damage or lost economic development opportunities. Communities should be compensated for the impacts of these facilities, which provide benefits to the region and state. Metro Cities supports legislative efforts to offset the negative impacts of these facilities and activities on host communities. Metro Cities would prefer that cities and townships be allowed to collect a host fee that may be adjusted when state decisions impact those fees. 1-0 Sales Tax on Local Government Purchases Metro Cities supports the reinstatement of the sales tax exemption for purchases of goods and services made by cities. To ensure that citizens receive the full benefit of this exemption,the law should treat purchases of all local government units the same, including purchases made by special taxing districts,joint powers entities, or any other agency or instrumentality of local government. Metro Cities supports granting an extension of the motor vehicle sales tax exemption to all municipal vehicles that are used for general city functions and are provided by governmental entities. Currently, only certain vehicles, including road maintenance vehicles purchased by townships, and municipal fire trucks and police vehicles not registered for use on public roads, are exempt from the MVST. Metro Cities supports simplifying the process around the exemption for construction materials,which is currently complex and cost ineffective, or converting the process to a refund program. 1-P City Revenue Stability and Fund Balance Metro Cities opposes state attempts to control or restrict city fund balances. These funds are necessary to maintain fiscal viability, meet unexpected or emergency resource needs, purchase capital goods and infrastructure, provide adequate cash flow and maintain high level bond ratings. 1-Q Public Employees' Retirement Association (PERA) Metro Cities supports employees and cities sharing equally in the cost of necessary contribution increases and a 60% employer/40% employee split for the PERA Police and Fire Plan. Metro Cities also supports state assistance to local governments to cover any additional contribution burdens placed on cities over and above contribution increases required by employees. Cities should receive sufficient 6 2015 Legislative Policies Municipal Revenue & Taxation notice of these increases so that they may take them into account for budgeting purposes. Metro Cities opposes benefit improvements for active employees or retirees until the financial health of the PERA General Plan and PERA Police and Fire Plan are restored. Metro Cities supports modifications to help align PERA contributions and costs, and reduce the need for additional contribution increases,including a modification of PERA eligibility guidelines to account for temporary,seasonal and part-time employment situations,the use of pro-rated service credit and a comprehensive review of exclusions to simplify eligibility guidelines. Further employer contribution rate increases should be avoided until other cost alignment mechanisms are considered. 1-R State Program Revenue Sources Metro Cities opposes any attempt by the state to finance programs of statewide value and significance with local revenue sources such as municipal utilities or property tax mechanisms. These local revenue sources are created to finance local government services. Statewide programs, such as the Clean Water Legacy Act, serve important state goals and objectives, and should be financed through traditional state revenue sources such as the income or sales tax. 1-S Post-Employment Benefits Metro Cities supports 2008 statutory changes that allow local governments to establish trusts from which to fund post-employment health and life insurance benefits for public employees,with participation by cities on a strictly voluntary basis,in recognition that cities have differing local needs and circumstances. Cities should also retain the ability to determine the level of post-employment benefits to be provided to employees. 1-T Health Care Insurance Programs Metro Cities supports legislative efforts to control health insurance costs,but opposes actions that undermine local flexibility to manage rising insurance costs. Metro Cities encourages a full examination of the rising costs of health care and the impacts on city employers and employees. Metro Cities also supports a study of the fiscal impacts to both cities and retirees of pooling retirees separately from active employees. 2015 Legislative Policies 7 Municipal Revenue & Taxation 1-U State Budget Stability Metro Cities strongly supports a state revenue system that provides for stability, flexibility and adequacy in the system, reduces the volatility of state revenues and improves the long term balance of state revenues and expenditures. Metro Cities supports a statutory budget reserve minimum that is adequate to manage risks and fluctuations in the state's tax system and a cash flow reserve account of sufficient size so that the state can avoid short term borrowing to manage cash flow fluctuations. Metro Cities also supports an examination of the property tax system and the relationships between state and local tax bases,with an emphasis on state budget cuts and their impact on property taxes. State budget deficits must be balanced with statewide sources and must not further reduce funding for property tax relief programs and aids to local governments that result in local governments bearing more responsibility for the costs of services that belong to the state. IN Online Travel Companies and Taxes Metro Cities opposes legislation that allows online travel companies a tax exemption that terminates obligations to pay hotel taxes to state and local governments, or otherwise restricts legal actions by states and localities. 1-W Taxation of Electronic Commerce Metro Cities supports efforts to develop streamlined sales and use tax system to simplify sales and use tax collection and administration by retailers and states. Metro Cities supports policies that encourage remote retailers to collect and remit state sales taxes in states that are complying with the Streamlined Sales and Use Tax Agreement. 1-X Payments for Services to Tax Exempt Property Metro Cities supports city authority to collect payments from tax exempt property owners to cover the costs of services to those entities, similar to statutory authority for special assessments. Metro Cities opposes legislation that would exempt non- profit entities from paying user fees and service charges. 1-Y Proceeds from Tax Forfeited Property Metro Cities supports changes to state laws governing the proceeds around tax forfeited properties. Currently, counties are allowed to recover administrative costs related to a property before other allocations are made and the law allows for the county to recoup a percentage of assessment costs once administrative costs are allocated. The 8 2015 Legislative Policies Municipal Revenue & Taxation result is often a very low allocation and usually insufficient level of proceeds available for covering special assessments, unpaid taxes and fees to cities. The current process also does not require the repayment of unpaid utility charges or building and development fees. Metro Cities supports changes to state statutes that balances repayment of unpaid taxes and assessments,utility charges and other fees and that more equitably allocates the distribution of proceeds between counties and cities. 2015 Legislative Policies 9 Municipal Revenue & Taxation 10 2015 Legislative Policies General Government 2-A Mandates, Zoning & Local Authority Metro Cities opposes statutory changes that erode local authority or create additional mandates that add to local costs without a corresponding state appropriation or funding mechanism.New unfunded mandates potentially increase property taxes, which impedes cities' ability to fund traditional service needs. Metro Cities believes that zoning decisions should be made at the local level. Metro Cities supports legislation that gives local officials greater authority and discretion to approve variances in order to allow flexibility in responding to land use needs of their own community. Metro Cities also supports legislation to remove barriers to uniform zoning ordinance amendment processes for all cities, regardless of city size classification. To allow for greater collaboration and flexibility in providing local services, Metro Cities encourages the removal of barriers or hurdles to cooperation and coordination between cities and other units of government or entities. Metro Cities supports local decision- making authority. 2-B City Enterprise Activities Creation of an enterprise operation allows a city to provide the desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and control services for the benefit of community residents. Metro Cities supports cities having authority to establish city enterprise operations in response to community needs, local preferences, state mandates or to ensure residents' quality of life. 2-C Firearms on City Property Cities should be allowed to prohibit handguns and other weapons in city-owned buildings, facilities and parks. This would allow locally elected officials to determine whether to allow permit-holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets, city sidewalks or on locally approved hunting land. 2015 Legislative Policies 11 General Government Metro Cities supports local control to allow or prohibit handguns and other weapons on city-owned property. 2-D 911 Telephone Tax Public safety answering points (PSAPs) must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to local 911 systems, maintenance and operational support and dispatcher training. Metro Cities supports state funding for technology and training necessary to provide the number and location of wireless and voice over internet protocol(VoIP) calls to 911 on computer screens and transmit that data to police, fire and first responders. 2-E 800 MHz Radio System Metro Cities urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment (portable and mobile radios) as well as provide funding for operating costs, since the prime purpose of this system is to allow public safety agencies and other units of government the ability to communicate effectively. Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MHz radio system, as long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System unless they so choose. 2-F Building Codes Thousands of new housing units are constructed annually in the metro area. Structural and water intrusion problems have surfaced in many houses and commercial buildings built in the last 20 years. These problems have resulted in dissatisfied homeowners and conflicts among the state, builders and cities. Metro Cities supports an equitable distribution of fees from the Construction Code Fund,with proportional distribution based on the area of enforcement where the fees were received. Metro Cities further supports a joint effort by the state, cities and builders to collectively identify appropriate uses for the fund, including education, analysis of new materials and construction techniques, building code updating, building inspector training, and development of performance standards and identification of construction "best practices." Metro Cities supports including the International Green Construction Code as an `optional appendix' to the State Building Code to allow cities to utilize appropriate 12 2015 Legislative Policies General Legislation parts of those guidelines in their communities. Metro Cities also supports adopting the international energy conservation code to the state building code without amendments. Metro Cities does not support legislative solutions that fail to recognize the interrelationships among builders, state building codes and cities. Metro Cities supports efforts to increase awareness of the potential impacts and benefits of requiring sprinklers in new homes and townhouses and supports discussion and the dissemination of information around these impacts via the code adoption process through the Department of Labor and Industry. 2-G Administrative Fines Traditional methods of citation, enforcement and prosecution have met with increasing costs to local units of government. The use of administrative fines is a tool to moderate those costs. Metro Cities supports the administrative fine authority granted to allow cities to issue administrative fines for defined local traffic offenses, and supports further modifications to enhance the workability of the authority. Metro Cities continues to support all cities' authority to use administrative fines for regulatory ordinances, such as building codes,zoning codes, health codes, and public safety and nuisance ordinances. Metro Cities supports the use of city administrative fines, at a minimum,for regulatory matters that are not duplicative of misdemeanor or higher level state traffic and criminal offenses. Metro Cities also endorses a fair hearing process before a disinterested third party. 2-H Residential Care Facilities Sufficient funding and oversight is needed to ensure that residents living in residential care facilities have appropriate care and supervision and that neighborhoods are not disproportionately impacted by high concentrations of residential care facilities. Under current law, operators of certain residential care facilities are not required to notify cities when they intend to purchase single-family housing for this purpose. Cities do not have the authority to regulate the locations of group homes and residential care facilities. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential care facilities provide. However, cities also have an interest in preserving balance between group homes and other uses in residential neighborhoods. Providers applying to operate residential care facilities should be required to notify the city when applying for licensure so as to be informed of local ordinance requirements as a part of the application process. Licensing agencies should be required to notify the city of properties receiving licensure to be operated as residential care facilities. 2015 Legislative Policies 13 General Government Metro Cities supports statutory modifications to require licensed agencies and licensed providers that operate residential care facilities to notify the city of properties being operated as residential care facilities. Metro Cities also supports the establishment of non-concentration standards,similar to those allowed for the core cities, for residential care facilities to prevent clustering and require the appropriate county agencies to enforce these rules. 2-1 Annexation Attempts have been made in recent years to reduce tensions between cities and townships around annexations. A Municipal Boundary Adjustment Task Force,whose work was published in 2009, worked to develop recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. While the task force was able to define the differences between cities and townships on the issue of annexation,no significant advancements were made in creating best practices. Metro Cities supports continued legislative efforts to develop recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. Further, Metro Cities supports substantive changes to the state's annexation laws that will lead to better land use planning, energy conservation, greater environmental protection, fairer tax bases, and fewer conflicts between townships and cities. Metro Cities also supports technical annexation changes that have been agreed to by cities and townships. 2-J Housing Ordinance Enforcement In 2008, the Minnesota State Supreme Court ruled in Morris v. Sax that certain provisions of the city of Morris' rental housing code were invalid because there were subjects dealt with under the state building code and the city was attempting to regulate these areas"differently from the state building code."Minnesota Statutes section 16B.6s subdivision 1 states: "The state building code applies statewide and supersedes the building code of any municipality. A municipality must not by ordinance or through development agreement require building code provisions regulating components or systems of any residential structure that are different from any provision of the state building code." Metro Cities supports the ability of cities to enforce all housing codes passed by a local municipality to maintain its housing stock. 14 2015 Legislative Policies General Legislation 2-K Statewide Funding Sources for Local Issues with Regional Impact Many issues including, but not limited to,the implementation of a metropolitan area groundwater monitoring network, emerald ash borer eradication and the cleanup of storm-water retention ponds, come with significant local costs, and have impacts that reach beyond municipal boundaries. Metro Cities supports the availability of statewide funding sources to address local issues that have regional or statewide significance. Metro Cities opposes the requirement of enacting ordinances more restrictive than state law in exchange for access to these funds. 2-L Dangerous Substance Regulation In metropolitan regions where most cities share boundary lines with other cities, local bans of dangerous products and substances do not eliminate access to these products unless all cities take the same regulatory action. In circumstances where there is broad local support for a ban and any regulatory issues under consideration are regional or statewide in nature, as evidenced by recent synthetic marijuana and analog drug situations, Metro Cities supports statewide regulation and prohibition of products or substances found to present a danger to anyone who uses them. 2-M Private Well Drilling Restriction Authority Cities are authorized to enact ordinances that disallow the placement of private wells within city limits to ensure both water safety and availability for residents and businesses. Municipal water systems are financially dependent upon users to operate and maintain the system. A loss of significant rate payers as a result of unregulated private well drilling would economically destabilize water systems and could lead to contamination of the water supply. Metro Cities supports current law authorizing cities to regulate and prohibit the placement of private wells within municipal utility service boundaries and opposes any attempt to remove or alter that authority. 2-N Organized Waste Collection Cities over 1,000 in population are required by law to ensure all residents have solid waste collection available to them. A city can meet the statutory requirement by licensing haulers to operate in an open collection system, authorize city employees to collect waste, or implement organized collection through one or multiple haulers to increase efficiency, reduce truck traffic and control costs to residents. 2015 Legislative Policies 15 General Government Metro Cities supports new laws enacted during the 2013 legislative session to streamline statutory requirements to allow cities to work with existing haulers to achieve the benefits of organized collection or investigate the merits of organized collection without the pressure of a rigid timeline and requirement to pass `an intent to organize' at the beginning of the discussion process. Metro Cities opposes any legislation that would further increase the cost or further complicate the process cities are required to follow to organize waste collection or prohibit cities from implementing or using organized waste collection. 2-0 Election Administration Costs Cities play a critical role in managing and ensuring the integrity of elections. Any changes made to election laws to implement a voter ID requirement should not place undue financial or administrative burdens on local governments. Additional costs resulting from election law changes should be the responsibility of the state. Metro Cities also supports the adoption of legislation to establish early voting as an alternative to no excuse absentee voting. Early voting has been proven to be a cost effective and efficient process in other states by reducing the burdensome administrative mandates as required for absentee ballots. 2-P Utility Franchise Fees, Accountability and Cost Transparency Minnesota cities are authorized by Minnesota statutes M.S. 216B and 301B.01 to require a public utility (gas or electric) that provides services to the city or occupies the public right of way within a city to obtain a franchise. Several metro area cities have entered into such agreements which require that the utility pay a fee to help offset the costs of maintaining the right of way. Cities are also adopting energy policies that often result in the use of renewable energy resources to light or heat public facilities. Policies and programs have also been instituted in cooperation with the public utility franchisee to increase energy efficiency for all users. Cities also contract at city expense with public utilities to "underground" wires. The State of Minnesota has also adopted legislation that requires energy companies to provide more of its electric energy from renewable sources. The specific amounts vary by type of utility. Metro Cities supports: State policies adopted by legislation or through rules of the Public Utility Commission that provide cities with the authority to include city energy policies and priorities in a franchise or similar agreement with a franchisee. Greater accountability and transparency for city paid costs associated with 16 2015 Legislative Policies General Legislation underground utility and similar work performed by electric utilities as part of a local project. 2-Q Water Supply Municipal water suppliers are charged with meeting the water supply needs of their communities and work to do so with safe, reliable and cost effective systems that are sustainable both for established cities and for all future growth. The aquifers in the metropolitan area cross municipal boundaries and therefore require a coordinated regional approach to planning for their future availability. Currently, approximately 75%of municipal water supply in the metropolitan area comes from groundwater. With proper management of the resource,the current water supply in the region is adequate; however, Metropolitan Council projections predict localized declines in aquifer availability due to population growth estimates if current usage levels are maintained. Regulation of water is complex and compartmentalized. Various agencies permit its use, plan for its availability, regulate stormwater,treat wastewater and protect the safety of water. To ensure that water supply remains adequate and sustainable across the region, we must understand how much water can be sustainably drawn from the aquifers and what effect increases in re-use, conservation and recharge can have on the sustainability and availability of both groundwater and surface water. Many of these strategies cross agency jurisdictions and will require improved coordination and cooperation. Municipal water suppliers have made significant infrastructure investments in their systems based on calculated water availability and DNR permits. Proposals to reduce the reliance on groundwater by switching municipal water systems from groundwater to surface water supplies will come with significant costs that could place excessive burdens on local resources. The outcomes and benefits of re-balancing the mix of groundwater and surface water use for specific municipalities and the region must be identifiable before any projects are undertaken. The sustainability of our water supply is an issue of regional and statewide significance and the expense of any necessary projects that benefit the region should not fall on individual cities. Any attempts to address water supply sustainability must also take into account all water users, including municipal water suppliers, industry,private wells, agriculture and contamination containment. The metropolitan region must consider the effects of groundwater use beyond the borders of the metropolitan area on the region's groundwater availability and the cost of treating contaminants in surface water that comes into the metropolitan area for use. Metro Cities supports the removal of barriers to wastewater re-use,improved inter- agency coordination, clarifying the appropriate roles of local, regional and state governments with respect to water, streamlining and consolidating permit approval 2015 Legislative Policies 17 General Government processes and the availability of statewide resources to plan for and ensure the future sustainability of water supply in the metropolitan area. Metro Cities also encourages the Met Council to find ways to re-use wastewater and to develop other strategies as a means to improve conservation. Metro Cities supports state funding resources for costs associated with converting water supply from groundwater to surface water and funds to encourage and promote water conservation as a strategy to improve water sustainability and to improve and protect water quality. 18 2015 Legislative Policies Housing & Economic Development L------ -j Policies 3-A to 3-1: Introduction While the provision of housing is predominantly a private sector,market-driven activity, all levels of government—federal, state and local—have a role to play in facilitating the production and preservation of affordable housing in Minnesota. Adequate affordable housing is a significant concern for the metropolitan region and effective approaches require participation from all levels of government, the private sector and nonprofit groups. 3-A City Role in Housing In the state of Minnesota, the provision of housing is predominantly a private sector, market-driven activity. However, all cities facilitate the development of housing via responsibilities in the areas of land-use planning, zoning ordinances and subdivision regulations. Cities should have sufficient authority and flexibility to promote housing types that are best suited to meet local needs, public purposes and goals. While local government financial resources constitute a relatively small portion of the total costs of providing housing,many cities take on a significant administrative burden by providing financial incentives and regulatory relief,participating in state and regional housing programs and supporting either local or countywide housing and redevelopment authorities and community development agencies. Cities are responsible for much of the ground-level housing policy in Minnesota; including land-use planning, code enforcement, and often times the packaging of financial incentives. Cities are also responsible for ensuring the health and safety of local residents and the structural soundness and livability of the local housing stock via building permits and inspections. It is the responsibility of cities to periodically review local requirements such as land use regulations and ordinances to ensure that they are consistent with these purposes. Metro Cities strongly opposes any effort to reduce, alter or interfere with cities' authority to carry out these functions in a locally determined manner. 2015 Legislative Policies 19 I Housing & Economic Development 3-13 City Role in Affordable and Life Cycle Housing Metro Cities' supports both affordable housing and housing that is appropriate for people at all stages of life. A variety of housing opportunities are important to the economic and social well-being of individual communities and the region. Cities should work with the private and nonprofit sectors, counties, state agencies and the Met Council to ensure the best use of existing tools and resources to produce affordable housing. Cities can facilitate the production and preservation of affordable and life cycle housing by: • Applying for funding from applicable grant and loan programs; • Providing information on the Section 8 Housing Choice Voucher program to landlords; • Working with developers and local residents to blend affordable housing into new and existing neighborhoods, including locations with access to amenities and services; • Expediting review processes and periodically examining local requirements and processes to ensure that requirements do not inhibit the construction of affordable housing; • Supporting housing design that is flexible for residents at multiple stages of life; • Working to reduce locally imposed development costs and policies; and • Using available regulatory mechanisms to shape housing communities. 3-C Inclusionary Housing Metro Cities supports the location of affordable housing in residential and mixed- use neighborhoods throughout a city. However,Metro Cities does not support passage of a mandatory inclusionary housing law that would require a certain percentage of units in all new housing developments to be affordable to households at a particular income level because these units can't be produced without a deep developer subsidy or cross-subsidization from the other houses in the development. While Metro Cities believes there are cost savings to be achieved through regulatory reform, density bonuses as determined by local communities and fee waivers, Metro Cities does not believe a mandatory inclusionary housing approach can achieve the desired levels of affordability solely through these steps. The Metropolitan Council, in creating its affordable housing need number, must recognize both the opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and/or advocating for additional resources through the Minnesota Housing Finance Agency. 3-D Metropolitan Council Role in Housing The Metropolitan Council is statutorily required to assist cities with meeting the provisions of the Land Use Planning Act, which requires cities to adopt sufficient 20 2015 Legislative Policies Housing & Economic Development standards,plans and programs to meet their local share of the region's overall projected need for low and moderate income housing. The Council's responsibilities include the preparation and adoption of guidelines and procedures to assist local government units accomplish the requirements of the Land Use Planning Act, The Metropolitan Council also offers a variety of programs and initiatives to create affordable housing opportunities, including the Livable Communities Program, and operation of a metropolitan housing and redevelopment authority. Unlike parks, transit and wastewater, housing is not defined by statute as a regional system, thus the Met Council's role, responsibilities and authority are more limited in scope, centered on providing assistance to local governments by identifying the regional need for affordable housing,projecting growth for the region and identifying available and effective tools,resources,technical assistance and methods that cities can use to create and promote affordable housing opportunities in their communities. The Metropolitan Council should work in partnership with local governments to ensure that the range of housing needs for people at various life-cycle and incomes can be met. • Metro Cities opposes the elevation of housing to "Regional System" status. • Metro Cities supports removing the Metropolitan Council's review and comment authority connected to housing revenue bonds under M.S. 462C.04. In 2014,the Metropolitan Council released a housing policy plan, the first of its kind in nearly 30 years. The housing policy plan should include clearly defined local, regional and state roles around the provision of housing in all sectors, identify the availability of and need for tools and resources for affordable and lifecycle housing,be explicit in supporting partnerships around the advocacy for state and federal resources for housing, and encompass policies, best practices and technical guidance for all types of housing. The plan should also recognize the diversity in local needs, characteristics, and resources. Metro Cities supports strategies such as sub-regional cooperation and the sharing of best practices among local governments and other entities and partners to address housing issues. The policy plan should allow for the provision of ongoing research and analysis by the Metropolitan Council to provide communities with timely and updated information on regional and local housing needs and market trends as regional and local needs change and evolve. Metro Cities supports Council solicitation and use of local data, inputs and analyses in this work, and local government review of data and analyses. Metro Cities supports continued city representation and participation in further developments or updates to the housing policy plan. 2015 Legislative Policies 21 Housing & Economic Development 3-E Allocation of Affordable Housing Need The new Metropolitan Council Housing Policy Plan should include a revised methodology for the allocation of need for affordable housing. The methodology determines how many affordable housing units are needed in the region, and distributes the need by assigning each city its fair share, with an affordable housing need number. State law requires cities to guide sufficient land to accommodate local shares of the region's affordable housing need. Metro Cities supports the creation of a variety of housing opportunities. However, the provision of affordable and lifecycle housing is a shared responsibility between the private sector and government at all levels, including the federal government, state government and Metropolitan Council. Land economics, construction costs and infrastructure needs create barriers to the creation of affordable housing that cities cannot overcome without assistance. Therefore,Metro Cities supports a Metropolitan Council affordable housing policy and allocation of need methodology that recognizes the following tenets: • The Council's housing policies characterize individual city and sub-regional housing numbers as a range of needs in the community; • Cities need significant financial assistance from the federal and state government, as well as the Metropolitan Council, in order to make progress toward creating additional affordable housing and preserving existing affordable housing; • Metropolitan Council planning and policies must be more closely aligned to help ensure that resources for transportation and transit are available to assist communities in addressing their local share of the regional affordable housing need and to ensure that all populations have adequate mobility to reach jobs, education and other destinations regardless of where they live; • Absent significant resources to assist cities, the Met Council will not hold cities responsible if a city cannot meet its affordable housing need number and the Met Council will reassess biennially the range of needs to recognize the deficiency; • The Metropolitan Council,with input by local government representatives, should examine the allocation of need methodology with respect to the relationship between the regional allocation and the local share of the need. The formula should also be routinely evaluated to determine if market conditions have changed or if underlying conditions should prompt readjustment of the formula; 22 2015 Legislative Policies Housing & Economic Development • The Council should use a methodology that incorporates data accumulated by individual cities, and not limited to census driven or policy driven growth projections; • The formula should be adjusted to better reflect the balance and breadth of existing subsidized and naturally occurring affordable housing stocks; and • The Council should work with local governments through an appeals process in order to resolve any local issues and concerns with respect to the need allocations. 3-F Housing Performance Scores The Metropolitan Council uses city Housing Performance Scores in the regional solicitation process, and the Council's Livable Communities grant scoring criteria to determine funding awards. The Metropolitan Council calculates a city's housing performance score annually. Scores are determined using an annual city survey as well as Council data. In 2014, the Metropolitan Council convened a working group to reevaluate criteria used to determine a city's Housing Performance Score. Additionally,the Council is exploring other areas in which to use a city's score in funding decisions. Any exploration of additional areas or programs in which the Council would seek to use the Housing Performance Score should be considered with the input of local officials. Metro Cities supports Housing Performance Score criteria that recognize the variation in local resource capacities,tools,programs and policies for cities to support housing production and the market nature of housing development, and that does not limit cities to a prescriptive list of tools and policies. The criteria for determining the score should adequately recognize the current tools and resources employed by local governments. Metro Cities supports a process for local governments to review, comment on and appeal preliminary Housing Performance Scores as well as provide additional information to be used in calculating the scores. Metro Cities supports a consistent schedule for sending the annual housing production survey to cities. In considering Housing Performance Score uses and criteria: • The Council should engage in a periodic review of the formula; • Any proposed use of the Housing Performance Scores should be reviewed by local officials; and 2015 Legislative Policies 23 Housing & Economic Development • The Council should recognize market factors such as downward economic cycles when setting timelines and look backs in calculating recent affordable housing production. 3-G State Role in Housing The state must be an active participant in providing funding for housing needs, including direct funding, financial incentives and initiatives to assist local governments and developers to support affordable housing. Current resource levels are insufficient to meet the spectrum of housing needs in the metropolitan region and across the state. Primarily through the programs of the Minnesota Housing Finance Agency (MHFA) and the Department of Employee and Economic Development(DEED), the state establishes general direction and prioritization of housing issues. The state financially supports a variety of housing types including transitional housing, supportive housing, senior housing, workforce housing and family housing. The state must continue to be an active partner in addressing life cycle and affordable housing issues. Workforce housing is generally defined as housing which supports economic development and job growth and is affordable to the local workforce. Governor Dayton dedicated $10 million in one-time funds to MHFA in the 2013 legislative session to fund the Housing and Job Growth Initiative, to aid housing in support of job growth within a community or region by meeting locally identified housing needs. Metro Cities supports: • Increased funding, including state general funds and,possibly, alternate sources of revenue, for programs that support life cycle,workforce and affordable housing,foreclosure mitigation and senior, transitional and emergency housing. The state should consider establishing a non-competitive program to create a pipeline to match city-subsidized affordable housing projects; • Housing programs that assist housing development throughout the low-to- moderate income range; • Housing programs designed to develop market rate housing in census blocks with emerging or high concentrations of poverty,where the private market might not otherwise invest as a means of reconciling affordable housing with community development goals; • Continuing the policy of using the Minnesota Housing Finance Agency's investment earnings for housing programs; • City input into state legislation involving distribution of tax credits and tax exempt bonding; 24 2015 Legislative Policies Housing & Economic Development • Exemptions from,or reductions to sales, use and transaction taxes applied to the development and production of affordable housing; • Consideration of providing state tax credits to leverage cross-subsidized affordable units in a market rate development project. This incentive could be used in conjunction with city, regional, or other state incentives; • Consideration of the use of state bond proceeds and other appropriations for land banking, land trusts, and rehabilitation and construction of affordable housing; • Homeownership counseling services,including pre-purchasing counseling,in order to help reduce foreclosures by informing homeowners and potential homeowners of their rights, options and costs associated with owning a home; • An affordable housing tax credit to help spur construction and secure additional private investment; and • Maintain existing municipal authority to establish a housing improvement area (HIA). If the Legislature grants multi-jurisdictional entities the authority to create HIAs, creation of an HIA must require municipal approval. 3-H Federal Role in Affordable and Workforce Housing Metro Cities encourages the federal government to maintain and increase current levels of funding for affordable and workforce housing. Federal investment in affordable and workforce housing will increase the supply of affordable and life cycle housing as well as increase the inter jurisdictional collaboration between the two levels of government. Federal funding plays a critical role in aiding states and local governments in their efforts to maintain and increase affordable and workforce housing throughout the state. Providing working families access to housing is an important piece to the economic vitality of the region. Metro Cities strongly encourages the following: • To preserve and increase funding for the Community Development Block Grant Program and the federal HOME program,which are catalysts for creating more affordable housing; • To create and implement a more streamlined procedural method for local units of government to participate and access federal funding and services dealing with grants, loans, and tax incentive programs for economic and community development efforts; • To preserve resources to sustain existing public housing throughout the Metro Area; 2015 Legislative Policies 25 Housing & Economic Development • To maintain and increase resources to Section 8 funding.It is a flexible, cost effective, and successful program that has helped nearly two million families nationally find housing through promotion of self-sufficiency and stability; and • To support federal funding to provide short-term assistance for HRAs in order to facilitate the sale of tax-exempt bonds. 3-1 Vacant, Boarded, and Foreclosed Properties and Properties at Risk While mortgage foreclosures are responsible for a portion of vacant and boarded properties,they are not the only cause. Abandoned residential and commercial properties can be devastating to communities when the presence of vacant buildings results in reduced property values and increased crime. The additional public safety and code enforcement costs of managing vacant properties are a financial strain on cities. Metro Cities supports solutions to vacant and boarded properties that recognize three things: (1) Prevention is more cost effective than a cure. (2) The causes of this problem are many and varied,thus the solutions must be as well. (3) It is not simply a "city" problem so cities must not be expected to bear the bulk of the burden of mitigation. Further,Metro Cities supports some specific proposals: • Improvement of the redemption process to provide increased notification to renters, strengthen the ability of homeowners to retain their properties, and reduce the amount of time a property is vacant; • Expedition of the tax forfeiture process; • Improve the cost assignment process to ensure that cities can recoup their costs of managing vacant properties; • Improve ability of cities to recoup the increased public safety and enforcement costs related to vacant properties; • Increase financial tools for neighborhood recovery efforts, including tax increment financing; • Allowing cities to acquire vacant and boarded properties before deterioration and vandalism result in unsalvageable structures; including providing financial tools such as increasing eminent domain flexibility; • Registration of vacant and boarded properties; and 26 2015 Legislative Policies Housing & Economic Development • Year-round notification by utility companies of properties not receiving utility service. 3-J Economic Development, Redevelopment and Workforce Readiness The economic viability of the metro area is enhanced by a broad array of economic development tools that create infrastructure, recycle previously developed property, provide incentives for business development, and support technological advances and support a trained workforce. It should be the goal of the state to champion development by providing enough sustainable funding to assure competitiveness in a global marketplace. The State of Minnesota should recognize cities as the primary unit of government responsible for the implementation of economic development, redevelopment policies and land use controls. State assistance to cities for development is required in three broad areas: (1)Economic Development—direct business assistance; and(2) Redevelopment/Development—real estate development; and(3) Workforce Readiness. Economic Development and Redevelopment are not mutually exclusive— some projects require a boost on both counts. 3-J (1) Economic Development For purposes of this section, economic development is defined as a form of development that contains direct business assistance with the goal of sustainable job creation,job retention or to nurture new or retain existing industry in the state. The measure of return on investment of public business subsidies should include the impact (positive or negative) of"spin-off development'or business development that is ancillary and supportive of the primary business. Metro Cities supports: • Continued competitive funding for the Minnesota Investment Fund; • Continued funding for the Urban Initiative Program and other state programs to support minority business start-ups; • Continued support for the Bioscience partnerships among cities,companies and University of Minnesota; • Development of green opportunities for green job development and related innovation and entrepreneurship; • Economic tools that facilitate job growth without relying solely on the growth of property tax base; • The Regional Competitiveness Project, a collaboration of the Regional Council of Mayors and the Business and Workforce investment Boards (DEED)with the 2015 Legislative Policies 27 Housing & Economic Development goal of implementing a regional economic and workforce development competitiveness strategy for short and long-term economic growth; • The Itasca Project, an employer led project to drive regional efforts to keep the Twin Cities economy and quality of life competitive with other regions; • The Metro Business Plan initiative, a pilot project designed to highlight the emergence of metropolitan areas as a dominant source of economic and cultural power in modern America; • Greater MSP, a region-wide, private-public partnership whose mission is to stimulate economic growth in the 16-county Twin Cities Metropolitan Region; • Funding"QED's," the Qualified Economic Development Lender loan guarantee program; • Small business financing tools,such as a state new markets tax credit program, mirrored on the federal program,which provides capital for business; • Tools, such as tax incentives, to attract and retain data centers and other IT facilities; and • Maintain existing municipal authority to establish a special service district (SSD), and support further study for allowing mixed-use buildings that have both commercial and residential uses to be included in an SSD. 3-J (2) Redevelopment Redevelopment involves the development of land that requires "predevelopment."The goal of redevelopment is to facilitate the development of"pre-used" land, thereby leveling the playing field between green field and brown field sites so that a private sector entity can rationally choose to locate on land that has already been used. The benefits of redevelopment include a decrease in Vehicle Miles Traveled (VMTs), more efficient use of new or existing public infrastructure (including public transit), ameliorated city costs due to public safety and code enforcement, and other public goods that result when land is reused rather than abandoned and compact development is encouraged. Metro Cities supports: • Increased funding and flexibility in the Metropolitan Council's Livable Communities Programs. Metro Cities strongly opposes funding reductions, transfers of Livable Communities Program funds to other program areas and constraints on eligibility and program requirements. Metro Cities supports allowing a maximum levy amount for this program, as provided for under Minnesota Statutes; 28 2015 Legislative Policies Housing & Economic Development • Increased,flexible and sustained funding for the Contamination Cleanup and Investigation Grant Program, administered by DEED; • New financing and regulatory tools to nurture Transit Oriented Development, as well as increased flexibility in the use of TIF for this purpose; • Funding Transit Improvement Areas (TIAs) and ensuring that the eligibility criteria encourage a range of improvements and infrastructure and accommodate varying city circumstances and needs; • The ability of cities to self-designate TIAs in their communities; • Increased and sustained general fund and state bond funds for the Redevelopment Grant Program, administered by DEED, dedicated to Metropolitan Area projects; • The evaluation of SAC fees to determine if they hinder redevelopment; • Expansion of existing tools or development of new funding mechanisms to correct unstable soils; • Extension of the sunset of the state income tax credit for preservation of historic properties; • State funding to allow cities and/or their development authorities to assemble small properties so that business expansion sites will be ready for future redevelopment; • Innovative Business Development Public Infrastructure grants; and • City authority to redevelop land previously used as landfills and dumps with initial approval from a state regulatory authority, a city's redevelopment project considered as final. 3-J (3) Workforce Readiness A trained workforce is important to a strong local, regional and state economy. Cities have an interest in the availability of qualified workers and building a future workforce as part of their economic development efforts and can work with the public and private sectors to address workforce readiness issues such as addressing racial disparities in both the achievement and employment gaps. The state has a role to prepare and train a qualified workforce through the higher education system and job training and retraining programs in the Department of Employment and Economic Development, including youth employment programs. 2015 Legislative Policies 29 Housing & Economic Development Metro Cities supports: • Continued funding for the Job Skills Partnership,youth employment programs and other workforce training programs administered by the state that lead to jobs that provide a living wage and benefits, and help address racial disparity gaps in employment; and • A payroll tax credit for job training programs that invest in skilled employees. 3-K Tax Increment Financing Tax Increment Financing (TIF)has been and continues to be the primary tool available for local communities to assist economic development, redevelopment and housing. Over time, several statutory changes have made this critical tool increasingly difficult to use, while recent property tax reform has resulted in a decreased state financial stake in city TIF decisions. At the same time that TIF has become more restrictive and difficult to use, federal and state development and redevelopment resources have been steadily shrinking. The 2006 eminent domain changes will make redevelopment significantly more expensive in some cases, and impossible in others. The cumulative impact of TIF restrictions, shrinking federal and state redevelopment resources, and changes to eminent domain laws will restrict a city's ability to address problem properties and will accelerate the decline of developed cities in the Metropolitan Area. With huge state and federal budget deficits,the only source of revenue available to accomplish the scope of redevelopment necessary is the value created by the redevelopment itself, or the "increment." Without the use of the increment development will either not occur or is unlikely to be optimal. Metro Cities urges the Legislature to: • Not adopt any statutory language that would further constrain or directly or indirectly reduce the effectiveness of TIF; • Not adopt any statutory language that would allow a county, school district or special taxing district to opt out of a TIF district. • Incorporate the Soils Correction District criteria into the Redevelopment District criteria so that a Redevelopment District can be comprised of blighted and contaminated parcels in addition to railroad property; • Expand the flexibility of TIF to support a broader range of redevelopment projects; • Increase the ability to pool increments from other districts to support projects; • Continue to monitor the impacts of tax reform on TIF districts and if warranted provide cities with additional authority to pay for possible TIF shortfalls; 30 2015 Legislative Policies Housing & Economic Development • Allow for the creation of transit zones and transit related TIF districts in order to shape development and related improvements around transit stations but not require the use of TIF districts to fund the construction or maintenance of the public transit line itself unless a local community chooses to do so; • Allow TIF eligibility expansion to innovative technological products, recognizing that not only physical items create economic value; • Support changes to TIF law that will facilitate the development of"regional projects"; • Shift TIF redevelopment policy away from a focus on "blight" and "substandard"to "functionally obsolete" or a focus on long range planning for a particular community, reduction in green house gases or other criteria more relevant to current needs; • Encourage DEED to do an extensive cost-benefit analysis related to redevelopment,including an analysis of the various funding mechanisms,and an analysis of where the cost burden falls with each of the options compared the to the distribution of the benefits of the redevelopment project; • Support TIF for neighborhood recovery efforts in the wake of the foreclosure crisis; • Consider creating an inter-disciplinary TIF team to review local exception TIF proposals, using established criteria,and make recommendations to the legislature on their passage; • Metro Cities encourages the State Auditor to continue to work toward a more efficient and streamlined reporting process. There are an increasing number of noncompliance notices that have overturned longstanding practices or limited statutorily defined terms. The Legislature has not granted TIF rulemaking authority to the State Auditor and the audit powers granted by statute are not an appropriate vehicle for making administrative or legislative changes to TIF statutes. If the State Auditor is to exercise rulemaking authority, the administrative power to do so must be granted explicitly by the Legislature. The audit enforcement process does not create a level playing field for cities to challenge the Auditor's interpretation of statutes. The Legislature should provide a process through which to resolve disputes over TIF policy that is fair to all parties; • Clarifying use of TIF when a sale occurs after the closing of a district; • Revise substandard building test to simplify, resolve ambiguities, and reduce continued threat of litigation; and 2015 Legislative Policies 31 Housing & Economic Development • Amend TIF statute to address, through extending districts or other mechanisms, shortfalls related to declining market values during economic crises. 3-L Eminent Domain Eminent domain law changes made by the 2006 Legislature resulted in a significant philosophical and legal shift in Minnesota. Whereas prior to 2006, Minnesota law provided extensive deference to local governments, statutory changes enacted in 2006 provide significantly greater deference to property owners. Eminent domain actions for traditional public uses such as streets, parks or sewers will cost more. And except for the most extreme cases of blight or contamination, eminent domain for redevelopment purposes will be nearly impossible at any cost. The proper operation and long term economic vitality of our cities is dependent on the ability of a city, its citizens and its businesses to continually reinvest and reinvent. Reinvestment and reinvention strategies can occasionally conflict with the priorities of individual residents or business owners. Eminent domain is a critical tool in the reinvestment and reinvention process and without it our cities may deteriorate to unprecedented levels before the public reacts. Metro Cities strongly encourages the Governor and Legislature to revisit the 2006 eminent domain changes to allow local governments to address redevelopment problems before those conditions become financially impossible to address. Specifically,the Legislature should: • Clarify contamination standards; • Develop different standards for redevelopment to include obsolete structures or to reflect the deterioration conditions that currently exist in the metro area; • Allow for the assembly of multiple parcels for redevelopment projects; • Provide for the ability to acquire land from "holdouts"who will now view a publicly funded project as an opportunity for personal gain at taxpayer expense; i.e. allow for negotiation using balanced appraisals for fair relocation costs; • Modify the public purpose definition under Chapter 117 to allow cities to more expediently address properties that are vacant or abandoned in areas with high levels of foreclosures, so as to address neighborhood stabilization and recovery; and • Allow for relocation costs not to be paid if the city and property owner agree to a sale contract. 32 2015 Legislative Policies Housing & Economic Development 3-M Community Reinvestment Communities across the metropolitan region have aging residential and commercial structures that are in need of repair and reinvestment. Reinvestment prevents neighborhoods from falling into disrepair, revitalizes communities and protects a city's tax base. Metro Cities supports state programs and incentives for reinvestment in older residential and commercial/industrial buildings, such as, but not limited to,tax credits and/or property tax deferrals. Historically, the state has funded programs to promote reinvestment in communities, including the"This Old House"program,that allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home and"This Old Shop"for owners of older commercial/industrial property that make improvements that increase the property's market value. 3-N Business Incentives Policy Without a thorough study, the Legislature should not make any substantive changes to the Business Subsidy Act but should look to technical changes that would streamline both state and local processes and procedures. The legislature should distinguish between development incentives and redevelopment activities. In addition, in order to ensure cohesive and comprehensive regulations,the legislature should limit regulation of business incentives to the Business Subsidy Act. Metro Cities supports additional legislation that includes tools to help enhance and facilitate economic development and job creation. 3-0 Broadband Technology Where many traditional economic development tools have focused on managing the costs and availability of traditional infrastructure—roads, rail and utilities—the new economy is increasingly dependent on reliable, cost effective, high bandwidth telecommunications capabilities. This includes voice, video, data and other services delivered over cable, telephone, fiber-optic, wireless and other platforms. While the United States was once a leader among"wired" economies, its position has slipped dramatically as other countries have facilitated investments in fiber-optic deployment(fiber to the premises), commitments to true high speed internet capacity (100 mb to 1 gb)and improved networks (Internet 2). Recognizing that there is a policy debate regarding the role of government versus private telecommunications companies in implementing the next generation of internet capability, bringing about such capabilities is increasingly important to ensure that U.S. companies in general and Minnesota companies in particular can compete effectively in the global economy. 2015 Legislative Policies 33 Housing & Economic Development • Metro Cities endorses comprehensive and regional strategies to stimulate the implementation of high speed, reliable and cost effective internet service that is available throughout the state. Metro Cities supports the repeal of Minnesota Statute 237.19. Policies should not diminish local authority to manage public rights-of-way,to zone, to collect compensation for the use of public assets, or to work cooperatively with the private sector. • Metro Cities opposes the adoption of state policies that further restrict a city's ability to finance, construct or operate broadband telecommunications networks. • Metro Cities supports metro eligibility for any broadband funding. • Metro Cities supports statutory clarity around franchising when a provider ceases business operations and a successor has not been named. 3-P City Role in Environmental Protection and Sustainable Development Historically, cities have played a major role in environmental protection, particularly in water quality. Through the construction and operation of wastewater treatment and storm water management systems, cities are a leader in protecting the surface water of the state. In recent years, increased emphasis has been placed on protecting ground water and removing impairments from storm water. In addition,there is increased emphasis on city participation in controlling our carbon footprint and in promoting green development. Metro Cities supports public and private environmental protection efforts to reduce greenhouse gas emissions and to further protect surface and ground water. Metro Cities also supports "green" design and construction techniques to the extent that those techniques have been thoroughly tested and are truly environmentally beneficial, economically sustainable, and represent sound building practices. Metro Cities supports additional, feasible environmental protection with adequate funding and incentives to comply. Green jobs represent employment and entrepreneurial opportunities that are part of the green economy, as defined in Minnesota statue 116.43 U 1, including the four industry sectors of green products, renewable energy, green services and environmental conservation. Minnesota's green jobs policies, strategies and investments need to lead to high quality jobs with good wages and benefits, meeting current wage and labor laws. 3-Q Impaired Waters Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market, but is cognizant of the need to protect the water resources of the state and metro area. Since all types of properties are required to pay storm water fees, Metro Cities opposes entity-specific exemptions from these fees. Metro Cities supports the goals of the Clean Water Act and efforts at both the federal and state 34 2015 Legislative Policies Housing & Economic Development level to implement it. Metro Cities supports continued funding of the framework passed in the 2009 Legacy legislation for clean water to improve the region's ability to respond to market demands for development and redevelopment, including dedicated funding for surface water impairment assessments, Total Maximum Daily Load (TMDL) development, storm water construction grants and wastewater construction grants. Local units of government should not bear undue cost burdens associated with completed TMDL reports. As recent TMDL reports show, non-point agricultural sources are producing more run off pollution than urban areas at a rate of 13:1. Cities must not be required as primary entities for funding the clean-up and protection of state and regional water resources. Benefits of efforts must be proportional to the costs incurred and agricultural sources must be held responsible for their share of costs. 2015 Legislative Policies 35 Housing & Economic Development 36 2015 Legislative Policies Metropolitan Agencies 4-A Goals and Principles for Regional Governance The Twin Cities metropolitan region is home to the majority of our state's population and businesses and is poised for significant growth in the next two decades. At the same time, our metropolitan region faces significant challenges and opportunities. The responses to these opportunities and challenges will determine the future success of the region and its competitiveness in our state,national and world economies. The Metropolitan Council was created to manage the growth of the metropolitan region, and cities are responsible for adhering to regional plans as they plan for local growth and service delivery. The region's cities are the Metropolitan Council's primary constituency, with regional and local growth being primarily managed through city comprehensive planning and implementation, and the delivery of a wide range of public services. To function successfully,the Metropolitan Council must be accountable to and work in collaboration with city governments. The role of the Metropolitan Council is to set broad regional goals and to provide cities with technical assistance and incentives to achieve those goals. City governments are responsible and best suited to provide local zoning, land use planning,development and service delivery. Any additional roles or responsibilities for the Metropolitan Council should be limited to specific statutory assignments or grants or authorization, and should not usurp or conflict with local roles or processes, unless such changes have the consent of the region's cities. • Metro Cities supports an economically strong and vibrant region, and the effective, efficient and equitable provision of regional infrastructure, services and planning throughout the metropolitan area. • Metro Cities supports the provision of approved regional systems and planning that can be provided more effectively, efficiently or equitably on a regional level than at the local level by individual local units of government. • The Metropolitan Council must involve cities in the delivery of regional services and planning and be responsive to local perspectives on regional issues, and be required to provide opportunities for city participation on Council advisory committees and task forces. 2015 Legislative Policies 37 Metropolitan Agencies • The Metropolitan Council must involve cities at all steps of planning, review and implementation around the regional development guide, policy plans,systems statements, and local comprehensive plan requirements to ensure transparency, balance and Council adherence to its core mission and functions. These processes should allow for stakeholder input before policies and plans are released for comment and finalized. 4-B Regional Governance Structure Metro Cities supports the appointment of Metropolitan Council members by the Governor with four year, staggered terms for members. The appointment of the Metropolitan Council Chair should coincide with the term of the Governor. Metro Cities supports a nominating committee process that maximizes participation and input by local officials. Consideration should be given to the creation of four separate nominating committees, with committee representation from each quadrant of the region. Members of each committee should include three city officials, appointed by Metro Cities, one county commissioner appointed by the Association of MN Counties or a comparable entity, and three citizens appointed by the Governor. At least three of the local officials should be elected officials. Metro Cities supports the appointment of Metropolitan Council members who have demonstrated the ability to work with cities in a collaborative manner, and who understand the diversity and the commonalities of the region, and the long-term implications of regional decision-making. 4-C Comprehensive Analysis of Metropolitan Council Our region will continue to expand while simultaneously facing significant challenges around the effective, efficient and equitable provision of resources and infrastructure, Metro Cities believes that a comprehensive analysis of the Metropolitan Council is timely and appropriate,to assure that the region is equipped to address the future needs of a rapidly changing and growing metropolitan region. Metro Cities supports an objective, forward thinking analysis of the Metropolitan Council that includes the Council's authority, activities, services, and its geographical jurisdiction, and includes analysis of whether the Council is positioned to be effective in the coming decades. 4-D Oversight of Metropolitan Council Metro Cities supports the bipartisan Legislative Commission on Metropolitan Government, or another entity, to monitor and review the Metropolitan Council's activities and to provide transparency and accountability of the Metropolitan 38 2015 Legislative Policies Metropolitan Agencies Council operations and functions. The Metropolitan Council should examine its scope of services to determine their benefit and efficiency, and be open to alternative methods of delivery to assure that services are provided at high levels of effectiveness for the region. 4-E Funding Regional Services The Metropolitan Council should continue to fund its regional services and activities through a combination of user fees,property taxes, and state and federal grants. The Council should set user fees via an open process that includes public notices and public hearings. User fees should be uniform by type of user and set at a level that supports effective and efficient public services based on commonly accepted industry standards, and allows for sufficient reserves to ensure long-term service and fee stability. Fee proceeds should be used to fund regional services or programs for which they are collected. Metro Cities supports the use of property taxes and user fees to fund regional projects so long as the benefit conferred on the region is proportional to the fee or tax, and the fee or tax is comparable to the benefit cities receive in return. 4-F Regional Systems Regional systems are statutorily defined as transportation, aviation, wastewater treatment and recreational open space. The purpose of these regional systems and the Metropolitan Council's authority over them is clearly outlined in state statute. In order to alter the focus or expand the reach of any of these systems,the Metropolitan Council must seek a statutory change. The system plans prepared by the Metropolitan Council for the regional systems should be specific in terms of the size, location and timing of regional investments in order to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which local plans will be judged for consistency and the criteria that will be used to find that a local plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans. Metro Cities supports additional regional systems only if there is a compelling metropolitan problem or concern that can best be addressed through the designation. Common characteristics of the four existing regional systems include public ownership of the system and its components and an established regional or state funding source. These characteristics should be present in any new regional system that might be established. Water supply does not fit these criteria. Any proposed additional regional system must have an established regional or state funding source. 2015 Legislative Policies 39 Metropolitan Agencies 4-G Regional Water Supply Planning The 2005 Legislature authorized the Metropolitan Council to carry out regional planning activities to address the water supply needs of the Metro Area. A Metropolitan Area Water Supply Advisory Committee that includes state agency representatives and local officials was concurrently established to assist the Council in developing a master water supply plan that includes recommendations for clarifying the roles of local, regional and state governments, streamlining and consolidating approval processes and recommending future planning and capital investments. The Master Water Supply Plan serves as a framework for assisting and guiding communities in their water supply planning,without usurping local decision making processes. Many cities also conduct their own analyses for use in water supply planning. The 2010 Legislature expanded the membership of the Advisory Committee so that it includes four officials from the collar counties and has extended the timeframe for the committee's work. The extension of the committee, which includes five metro area municipal officials, allows the committee to continue to play a key role in the development and direction of water supply planning activities as the Master Plan is updated and implemented with additional information and data as they become available. As the Met Council continues its assessment of the region's water supply and issues around sustainability, the Council must work cooperatively with local policymakers and professional staff throughout the region on an on-going and structured basis,to ensure a base of information for water supply decision making that is sound, credible and verifiable, and that takes into account local information, data, cost-benefit analyses and projections before any resulting policy recommendations are issued. Metro Cities encourages the Metropolitan Council to consider the inter-relationships of wastewater treatment, storm water management and water supply. Any state and regional regulations and processes should be clearly stated in the Water Supply Plan. Further, regional monitoring and data collection benefits should be borne as shared expenses between the regional and local units of government. Metro Cities supports Metropolitan Council planning activities which address regional water supply needs and water planning activities as prescribed in statute. Metro Cities opposes the insertion of the Metropolitan Council as another regulator in the water supply arena. Metro Cities further opposes the elevation of water supply to "Regional System" status, or the assumption of Met Council control and management of municipal water supply infrastructure. Metro Cities supports efforts to identify capital funding sources to assist with municipal water supply projects. Any fees or taxes for regional water supply planning activities must be consistent with activities prescribed in MN Statutes 473. 1565, and support activities specifically within the region. 40 2015 Legislative Policies Metropolitan Agencies 4-H Review of Local Comprehensive Plans In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should: • Recognize that its role is to review and comment, unless it is found that the local plan is more likely than not to have a substantial impact on or contain a substantial departure from one of the four system plans; • Be aware of the statutory time constraints imposed by the Legislature on plan amendments and development applications; • Provide for immediate effectuation of plan amendments that have no potential for substantial impact on systems plans; • Require the information needed for the Metropolitan Council to complete its review, but not prescribe additional content or format beyond that which is required by the Metropolitan Land Use Planning Act(LUPA); • Work in a cooperative and timely manner toward the resolution of outstanding issues. When a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans, Metro Cities supports a formal appeals process that includes a peer review. Metro Cities opposes the imposition of sanctions or monetary penalties when a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans or the plan fails to meet a statutory deadline when the city has made legitimate efforts to meet Met Council requirements; • Work with affected cities and other organizations such as the Pollution Control Agency, Department of Natural Resources, Department of Health and other stakeholders to identify common ground and resolve conflicts between respective goals for flexible residential development and achieving consistency with the Council's system plans and policies; and • Require entities, such as private businesses, nonprofits, or local units of government, among others, whose actions could adversely affect a comprehensive plan, to be subject to the same qualifications and/or regulations as the city. 4-1 Comprehensive Planning Process Metro Cities supports an examination of the comprehensive planning process to make sure that the process is streamlined and efficient, so as to assist in alleviating excessive cost burdens or duplicative or unnecessary planning requirements by municipalities in the comprehensive planning process. Metro Cities supports resources to assist cities in meeting regional goals as part of the comprehensive planning process. 2015 Legislative Policies 41 I Metropolitan Agencies 4-J Comprehensive Planning Schedule Cities are required to submit comprehensive plan updates to the Metropolitan Council every 10 years, the most recent of which was due in 2008. A city's comprehensive plan represents a community's vision of how the city should grow and develop or redevelop, ensure adequate housing, provide essential public infrastructure and services, protect natural areas and meet other community objectives. Metro Cities recognizes that the merit of aligning comprehensive plan timelines with the release of census data. However, the comprehensive plan process is expensive,time consuming and labor intensive for cities, and the timing for the submission of comprehensive plans should not be altered solely to better align with census data. If sufficient valid reasons exist for the schedule for the next round of comprehensive plans to be changed or expedited, cities should be provided with financial resources to assist them in preparing the next round of plans. Metro Cities opposes cities being forced into a state of perpetual planning as a result of regional and legislative actions. Should changes be made to the comprehensive planning schedule,Metro Cities supports financial and other resources to assist cities in preparing and incorporating policy changes in local planning efforts. Metro Cities supports a 10-year time frame for comprehensive plan submissions. 4-K Local Zoning Authority Local governments are responsible for zoning and local officials should have full authority to approve variances to remain flexible in response to the unique land use needs of their own community. Local zoning decisions, and the implementation of cities' comprehensive plans, should not be conditioned upon the approval of the Metropolitan Council or any other governmental agency. Metro Cities supports local authority over land use and zoning decisions, and opposes the creation of non-local appeals boards with the authority to supersede city zoning decisions. 4-L Regional Growth The most recent regional population forecasts projects a population of 3,743,000 people by 2040. Metro Cities recognizes cities' responsibility to plan for sustainable growth patterns that integrate transportation, housing,parks, open space and economic development that will result in a region better equipped to manage population growth, to provide a high quality of life for a growing and increasingly diverse metropolitan area population and improved environmental health. 42 2015 Legislative Policies Metropolitan Agencies In developing local comprehensive plans to fit within a regional framework, adequate state and regional financial resources and incentives, and maximum flexibility around local planning decisions are imperative. The regional framework should assist cities in managing growth while being responsive to the individual qualities, characteristics and needs of metropolitan cities, and should encourage sub-regional cooperation and coordination. In order to accommodate this growth in a manner that preserves the region's high quality of life: • Natural resource protection will have to be balanced with growth and development/reinvestment; • Significant new resources will have to be provided for transportation and transit; and • New households will have to be incorporated into the core cities, first and second-ring suburbs, and developing cities through both development and redevelopment. In order for regional and local planning to result in the successful implementation of regional policies: • The State of Minnesota must contribute additional financial resources, particularly in the areas of transportation and transit,reinvestment, affordable housing development, and the preservation of parks and open space. If funding for regional infrastructure is not adequate, cities should not be responsible for meeting the growth forecast set forth by the Metropolitan Council; • The Metropolitan Council and Legislature must work to pursue levels of state and federal transportation funding that are adequate to meet identified transportation and transit needs in the metropolitan area; • The Metropolitan Council must recognize the limitations of its authority and continue to work with cities in a collaborative, incentives-based manner; • The Metropolitan Council must recognize the various needs and capacities of its many partners, including but not limited to cities, counties, economic development authorities and nonprofit organizations, and its policies must be balanced and flexible in their approach; • Metropolitan counties, adjacent counties and school districts must be brought more thoroughly into the discussion due to the critical importance of facilities and services such as county roads and public schools in accommodating forecasted growth; and • Greater recognition must be given to the fact that the "true"metropolitan region extends beyond the traditional seven-county area and the need to work collaboratively 2015 Legislative Policies 43 Metropolitan Agencies with adjacent counties in Minnesota and Wisconsin, and the cities within those counties. The region faces environmental, transportation, and land use issues that cannot be solved by the seven-county metro area alone. Metro Cities supports an analysis to determine the impacts of Metropolitan Council's growth management policies and infrastructure investments on the growth and development of the collar counties, and the impacts of growth in the collar counties on the metropolitan area. 4-M Natural Resource Protection Metro Cities supports the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally significant natural resources for the purpose of providing local communities with additional information and technical assistance. The state and region play significant roles in the protection of natural resources. Any steps taken by the state or Metropolitan Council regarding the protection of natural resources must recognize that: • The protection of natural resources is significant to a multi-county area that is home to more than 50 percent of the state's population and a travel destination for many more. Given the limited availability of resources and the artificial nature of the metropolitan area's borders, neither the region nor individual metropolitan communities would be well served by assuming primary responsibility for financing and protecting these resources; • The completion of local Natural Resource Inventories and Assessments (NRUA) is not a regional system nor is it a required component of local comprehensive plans under the Metropolitan Land Use Planning Act; • The protection of natural resources should be balanced with the need to accommodate growth and development, reinvest in established communities, encourage more affordable housing and provide transportation and transit connections; and • Decisions about the zoning or land use designations, either within or outside a public park, nature preserve or other protected area are, and should remain,the responsibility of local units of government. Metro Cities supports the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally significant natural resources for the purpose of providing local communities with additional information and technical assistance. The Metropolitan Council's role with respect to climate change, as identified in the 2040 regional development guide, should be focused on the stewardship of its internal operations (wastewater, transit)and working collaboratively with local governments to provide information, best practices, technical assistance and incentives around responses to climate change. 44 2015 Legislative Policies Metropolitan Agencies Metro Cities urges the Legislature and/or the Metropolitan Council to provide financial assistance for the preservation of regionally significant natural resources. 4-N Inflow and Infiltration (1/1) The Metropolitan Council has identified nearly half of all sewered communities in the metropolitan region to be contributing excessive inflow and infiltration into the regional wastewater system. Inflow and infiltration are terms for the ways that clear water(ground and storm)makes its way into sanitary sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The number of identified communities is subject to change, depending on rain events, and any city in the metropolitan area can be affected. Another 19 cities have been identified as being near the threshold, or at risk, for contributing excessive UI into the system. The Metropolitan Council establishes a surcharge on cities determined to be contributing unacceptable amounts of I/1 into the wastewater system. The charge is waived when cities meet certain parameters through local mitigation efforts. Metro Cities recognizes the importance of controlling 1/1 because of its potential environmental and public health impacts, because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive 1/I in one city can affect development capacity of another. However, there is the potential for cities to incur increasingly exorbitant costs in their ongoing efforts to mitigate excessive I/1. Metro Cities continues to monitor the surcharge program and supports continued reviews of the methodology used to measure excess I/I to ensure that the methodology appropriately normalizes for precipitation variability and the Council's work with cities on community specific issues around I/I. Metro Cities supports state financial assistance for Metro Area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation and encourages the Metropolitan Council to partner in support of such appropriations. Metro Cities supports continued state capital assistance to provide grants to metro area cities for the purpose of mitigating inflow and infiltration problems into municipal wastewater collection systems. 4-0 Service Availability Charge (SAC) Metro Cities supports a SAC program that emphasizes equity,transparency, simplification and lower rates. Metro Cities supports a "growth pays for growth" approach to SAC as recommended by a 2010 Task Force of Met Council members and city officials, and that was subsequently adopted by the Met Council. This approach requires a statutory change. If state statutes are modified to effect a "growth pays for growth" 2015 Legislative Policies 45 Metropolitan Agencies method for SAC,the Metropolitan Council should convene a group of local officials to identify any technical changes necessary for implementing the new structure. Metro Cities supports allowing the Council to utilize the SAC `transfer' mechanism provided for in state statute,when the SAC reserve fund is inadequate to meet debt service obligations. Any use of the transfer mechanism must be done so within parameters prescribed by state law and with appropriate notification and processes to allow local official input and should include a timely `shift back' of any transferred funds from the wastewater fund to the SAC reserve fund. Metro Cities supports principles for SAC recommended by a 2014 work group that examined the overall SAC program and structure. These include support for program transparency and simplicity, equity for all served communities and between current and future users, support for cities' sewer fee capacities, administrative reasonableness, and weighing any program uses for specific goals with the impacts to the program's equity, transparency and simplicity. As such, Metro Cities opposes the use of the SAC mechanism to subsidize particular Metropolitan Council goals and objectives. Metro Cities supports the Metropolitan Council providing details on how any changes to the SAC rate are determined. Metro Cities supports a periodic review of MCES' customer service policies, to ensure that its processes are responsive and transparent to communities, businesses and residents. Metro Cities supports continued outreach by MCES to users of the SAC program to promote knowledge and understanding of SAC charges and policies. 4-P Funding Regional Parks & Open Space In the seven-county metropolitan area, regional parks essentially serve as state parks, and the state should continue to provide capital funding for the acquisition, development and improvement of these parks. State funding apart from Legacy funds should equal 40 percent of the operating budget for regional parks. Legacy funds for parks and trails should be balanced between metro and greater Minnesota. 4-Q Livable Communities The Livable Communities Act(LCA) is operated by the Metropolitan Council and provides a voluntary, incentive-based approach to affordable housing development,tax base revitalization,job growth and preservation, brown field clean up and mixed-use, transit-friendly development and redevelopment. Metro Cities strongly supports the continuation of this approach, which has been widely accepted and is fully utilized by local communities. Since its inception in 1995, the LCA program has generated billions of dollars of private and public investment, created thousands of jobs and added thousands of affordable housing units in the region. 46 2015 Legislative Policies Metropolitan Agencies Metro Cities supports a review of the LCA programs, and any necessary statutory changes to ensure that all metropolitan area cities are eligible to participate in the Livable Communities Demonstration Account(LCDA). Metro Cities supports increased funding and flexible eligibility requirements in the LCDA in order to assist communities with development that may not be exclusively market driven or market proven in their particular location and in order to support important development and redevelopment goals. Metro Cities supports the statutory goals and criteria established for the Livable Communities Act, and opposes any changes to LCA programs that constrain flexibility around statutory goals,program requirements and criteria. Metro Cities opposes funding reductions to the Livable Communities Program and the transfer or use of these funds for purposes outside of the LCA program. Metro Cities supports statutory modifications in the LCDA to reflect the linkages among the goals, municipal objectives, and Met Council system objectives. Metro Cities supports the use of LCA funds for projects in transit improvement areas, as defined in statute, as long as funding levels for general LCA programs are adequate to meet program goals and the program remains accessible to participating communities. Use of interest earnings from LCA funds should be limited to covering the costs of administering the program. Remaining interest earnings not used for program administration should be considered part of the LCA funds and used to fund grant requests from the established LCA accounts, according to established funding criteria. 4-R Density Any Met Council density policy and density determination must take into account the impacts of market trends on city development and redevelopment activities. Metro Cities supports a reasonable Met Council density policy and density determination that bases density projections on local data, actual development patterns, is flexible and accommodates cities at various development stages. 2015 Legislative Policies 47 Metropolitan Agencies 48 2015 Legislative Policies Transportation 5-A Transportation Funding A comprehensive transportation system is a vital component in planning for and meeting the physical, social and economic needs of our state and metropolitan region. Adequate and stable sources of funding are necessary to ensure the development and maintenance of a high quality, efficient and safe transportation system that meets these needs and that will position the state and region to be economically competitive in the years ahead. Under current transportation financing structures, transportation needs in the metropolitan region continue to be inadequate and underfunded. Our transportation funding system relies primarily on the gas tax for roads and the motor vehicle sales tax (MVST) for transit. Automobiles are becoming more fuel efficient and MVST receipts continue to lag behind projections,resulting in funding levels that continually fail to meet demand. Transportation funding and planning must be a high priority for state, regional and local policymakers so that the transportation system can sufficiently meet the needs of the state's residents and businesses and its projected population growth. Funding and planning for our regional and statewide systems must be coordinated at the federal, state, regional and local levels to optimally achieve long term needs and goals. In addition, cities lack adequate tools and state resources for the maintenance and improvement of municipal systems, with resources restricted to property taxes and special assessments. It is imperative that alternative revenue generating authority be granted to municipalities and state resources be made available for this purpose to relieve the burden on the property tax system. Metro Cities strongly supports stable and sufficient statewide transportation funding and local tools to meet the long term transportation system needs of the region and local municipal systems. Metro Cities also supports state financial assistance, as well as innovations in design and construction,to offset the impacts of regional transportation construction projects on local communities and businesses. 5-13 Regional Transit System The Twin Cities Metropolitan Area needs a multi-modal regional transit system as part of a comprehensive transportation strategy that serves both commuters and the transit dependent. The transit system should be composed of a mix of HOV lanes, a network of bike and pedestrian trails, Bus Rapid Transit, express and regular route bus service, exclusive transit ways, light rail transit, streetcars and commuter rail corridors designed to connect residential, employment, retail and entertainment centers. The system should 2015 Legislative Policies 49 Transportation be regularly monitored and adjusted to ensure that routes of service correspond to the region's changing travel patterns. Metro Cities opposes using the currently dedicated Metropolitan Transportation Area sales tax proceeds to further subsidize operational funding for Metro Transit and suburban transit providers that are the responsibility of the Legislature and Metropolitan Council. Any increase to the sales tax already dedicated to transit should be used to benefit the transit system as a whole. Metro Cities is also opposed to legislative or Metropolitan Council directives that constrain the ability of metropolitan transit providers to provide a full range of transit services, including reverse commute routes,suburb-to-suburb routes, transit hub feeder services or new, experimental services that may show a low rate of operating cost recovery from the fare box. In the interest of including all potential options in the pursuit of a regionally balanced transit system, Metro Cities supports the repeal of the law passed in 2002 which imposed a gag order on the Dan Patch Commuter Rail Line. In the interest of safety and traffic management, Metro Cities supports further study of rail safety issues relating to water quality protections, general public safety concerns relating to derailments, traffic implications from longer and more frequent trains and the sensitive balance between rail commerce and the quality of life impacts on the communities through which they pass. Current congestion levels and forecasted population growth require a stable, reliable and growing source of revenue for transit construction and operations so that our metropolitan region can adequately and strategically meet its transportation needs to remain economically competitive. Metro Cities supports an effective, efficient and comprehensive regional transit system as an invaluable component in meeting the multimodal transportation needs of the metropolitan region and to the region's economic vibrancy and quality of life. Metro Cities supports a regional governance structure that can ensure a measurably reliable and efficient system that recognizes the diverse transit needs of our region and addresses the funding needs for all components of the system. Metro Cities recognizes the need for flexibility in transit systems for cities that border the edges of the seven county metropolitan area to ensure users can get to points outside of the seven county area. Metro Cities encourages the Met Council to work with border counties to help coordinate planning so riders can get to and from destinations beyond the boundaries of the region. 50 2015 Legislative Policies Transportation 5-C Transit Financing The Twin Cities metropolitan area is served by a regional transit system that is expanding to include rail transit and dedicated busways. Any operating subsidies necessary to support this system should come from a regional or statewide funding source. The property taxpayers of individual cities and counties should not be required to fund the operation of specific transit lines or routes of service within this regional system. MVST revenue projections have not been reliable and the Legislature has repeatedly reduced general fund support for Metropolitan Transit. As a result the regional transit providers continue to operate at a funding deficit. Shifting demographics in the metropolitan region will mean increased demand for transit in areas with and without current transit service. Metro Cities supports stable and growing revenue sources to fund the operating budget for all regional transit providers at a level sufficient to meet the growing operational and capital transit needs of the region and to expand the system to areas that currently have little or no transit options. Metro Cities supports an increase in the regional sales tax to fund the expansion of regular route service, the continuing capital expenses and expanded operational needs of the metropolitan transit system if the increase is accompanied by sufficient local controls over the collection and expenditure of the new revenue and geographic balance is maintained in the expansion of service to allow cities to appropriately plan for growth in population and service needs along new and expanded transit service. Metro Cities opposes diversions of the uses of this tax for any other purposes. 5-1) Street Improvement Districts Funding sources for local transportation projects are limited to the use of Municipal State Aid (MSA),property taxes and special assessments, and cities under 5,000 in population are not eligible for MSA. With increasing pressures on city budgets and limited tools and resources, cities are finding it increasingly difficult to maintain aging streets. Street improvement districts allow cities in developed and developing areas to fund new construction as well as reconstruction and maintenance efforts. The street improvement district is designed to allow cities, through the use of a fair and objective fee structure, to create a district or districts within the city where fees will be raised on all properties in the district and that must be spent within the boundaries of the district. Street improvement districts would also aid cities under 5,000, giving them an alternative to the property tax system and special assessments. Metro Cities supports the authority of local units of government to establish street improvement districts. Metro Cities also supports changes to special assessment 2015 Legislative Policies 51 Transportation laws to make assessing state-owned property a more predictable process with uniformity in the payment of assessments across the state. 5-E Highway Turnbacks & Funding Cities do not have the financial capacity, other than significant property tax increases, to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. Metro Cities supports jurisdictional reassignment or turnback of roads on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. Metro Cities does not support the wholesale turnback of county or state roads without the consent of municipality and the total cost, agreed to by the municipality, being reimbursed to the city in a timely manner. 5-F 'W" Transportation Planning Process: Elected Officials' Role The Transportation Advisory Board (TAB) was developed to meet federal requirements, designating the Metropolitan Council as the organization that is responsible for a continuous, comprehensive and cooperative (3C)transportation planning process to allocate federal funds among metropolitan area projects. Input by local officials into the planning and prioritization of transportation investments in the region is a vital component of these processes. Metro Cities supports continuation of the TAB with a majority of locally elected officials as members and participating in the process. 5-G Photo Enforcement of Traffic Laws Enforcement of traffic laws with cameras has been demonstrated to improve driver compliance and safety. Metro Cities supports the use of photo enforcement technology. 5-H Airport Noise Mitigation The Metropolitan Airports Commission(MAC) and the state should seek long-term solutions to fund the full mitigation package as adopted in 1996 for all homes in the 64- 60 DNL impact area.Noise abatement efforts should be paid for by fees and charges collected from airport users, as well as state and federal funds. Furthermore, unless mitigation funding is provided, Metro Cities opposes any legislation that requires a 52 2015 Legislative Policies Transportation property owner to disclose those properties that lie within 64-60 DNL noise contours. Acknowledging that the communities closest to MSP and reliever airports are significantly impacted by noise,traffic, and other numerous expansion-related issues: Metro Cities supports the broad goal of providing MSP-impacted communities greater representation on the MAC. Metro Cities wants to encourage continued communication between the MAC commissioners and the cities they represent. Balancing the needs of MAC,the business community and airport host cities and their residents requires open communication, planning and coordination. Cities must be viewed as partners with the MAC in resolving the differences that arise out of airport projects and the development of adjacent parcels. Regular contact between the MAC and cities throughout the project proposal process will enhance communication and problem solving. Metro Cities supports noise abatement programs and expenditures and the work of the Noise Oversight Committee to minimize the impacts of MAC operated facilities on neighboring communities. The MAC should determine the design and geographic reach of these programs only after a thorough public input process that considers the priorities and concerns of impacted cities and their residents. 5-1 Cities Under 5,000 Population Cities under 5,000 in population do not directly receive any non-property tax funds for collector and arterial streets. Current County State Aid Highway(CSAH) distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area. Possible funding sources include the five-percent set-aside account in the Highway User Tax Distribution Fund, modification to county municipal accounts, street improvement districts, and/or state general funds. Metro Cities supports establishing criteria, such as the number of average daily trips,to provide funding qualifications and a distribution method,in a small city local road improvement program. 5-J County State Aid Highway (CSAH) Distribution Formula Significant resource needs remain in the metro area CSAH system. Revenues provided by the Legislature for the CSAH system have resulted in a higher number of projects being completed, however, greater pressure is being placed on municipalities to participate in cost sharing activities, encumbering an already over-burdened local funding system. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also pay upward of fifty percent of county road projects. Metro Cities supports special or additional funding for cities that have burdens of additional cost participation in county road projects. 2015 Legislative Policies 53 Transportation CSAH eligible roads were designated by county engineers in 1956 and although only 10 percent of the CSAH roads are in the metro area, they account for nearly 50 percent of the vehicle miles traveled. The CSAH formula passed by the Legislature in 2008 increased the amount of CSAH funding for the metropolitan area from 18 percent in 2007 to 21 percent in 2011. The formula helps to better account for needs in the metropolitan region, but is only the first step in addressing needs for additional resources for the region. Metro Cities supports a new CSAH formula more equitably designed to fund the needs of our metropolitan region. 5-K Municipal Input/Consent for Trunk Highways and County Roads State statutes direct the Minnesota Department of Transportation(MnDOT)to submit detailed plans, with city cost estimates, at a point one-and-a-half to two years prior to bid letting, at which time public hearings are held for community input. If MnDOT does not concur with requested changes, it may appeal. Currently, that process would take a maximum of three and a half months and the results of the appeals board are binding on both the city and MnDOT. Metro Cities opposes changes to current statutes that would allow MnDOT to disregard the appeals board ruling for state trunk highways. Such a change would significantly minimize MnDOT's need to negotiate in good faith with cities for appropriate project access and alignment, and would render the public hearing and appeals process meaningless. Metro Cities also opposes the elimination of the county road municipal consent and appeal process for these reasons. 5-1- Plat Authority Current law grants counties review and comment authority for access and drainage issues for city plats abutting county roads. Metro Cities opposes any statutory change that would grant counties veto power or that would shorten the 120-day review and permit process time. 5-M City Speed Limit Control Cities are moving to incorporate multiple modes of transportation within existing right of way through local Complete Streets policies on residential roads where traffic safety also affects pedestrians and users of alternative transportation modes. Metro Cities supports design standards that result in slower speeds on local roads. Any statutory speed limit change must be uniform and provide adequate state funding for education and enforcement to ensure public awareness and compliance. At cities' or counties' discretion,Metro Cities also supports a year round reduction 54 2015 Legislative Policies Transportation of speed limits within 500 feet of any city or county parks and schools or on roads that are in the process of becoming more residential or developed but do not currently justify a reduction under a MnDOT sanctioned speed study. 5-N MnDOT Maintenance Budget The state has abrogated its responsibility for maintaining major roads throughout the state by requiring, through omission,that cities bear the burden of maintenance on major state roads. Cities should be compensated equitably for providing a service that traditionally has been borne by the state. MnDOT should also be required to meet standards adopted by cities through local ordinances or reimburse cities for labor, equipment and material used on the state's behalf to improve public safety or meet local standards. Metro Cities supports MnDOT taking full responsibility for maintaining state owned infrastructure and property,including,but not limited to, sound walls and right of way,within city limits. 5-0 Transit Taxing District The transit taxing district, which funds the capital cost of transit service in the Metropolitan Area through the property tax system, is inequitable. Because the boundaries of the transit taxing district do not correspond with any rational service line nor is being within the boundaries a guarantee to receive service, cities in the taxing district or out of the taxing district are contributing unequally to the transit service in the Metropolitan Area. This inequity should be corrected. Metro Cities supports a stable revenue source to fund both the capital and operating costs for transit at the Metropolitan Council. However, Metro Cities does not support the expansion of the transit taxing district without a corresponding increase in service and an overall increase in operational funds. To do so would create additional property taxes without a corresponding benefit. 5-P Complete Streets A complete street may include: sidewalks,bike lanes (or wide paved shoulders), special bus lanes, comfortable and accessible public transportation stops, frequent and safe crossing opportunities, median islands, accessible pedestrian signals, curb extensions, narrower travel lanes and more. A complete street in a rural area will differ from a complete street in a highly urban area, but both are designed to balance safety and convenience for everyone using the road. Metro Cities supports options in state design guidelines for streets that would give cities greater flexibility to: 2015 Legislative Policies 55 Transportation • Safely accommodate all modes of travel; • Address storm water needs; and • Ensure livability in the appropriate context for each city. However,Metro Cities opposes state imposed mandates that would increase street infrastructure improvement costs in locations and instances where providing access for alternative modes including cycling and walking are deemed unnecessary or inappropriate as determined by local jurisdictions. 56 2015 Legislative Policies Committee Rosters Housing & Economic Development Julie Wischnack(Chair), Community Dev. Dir., Minnetonka Gene Abbott, Councilmember, Savage Patty Acomb, Councilmember, Minnetonka Amy Baldwin, Economic Dev. Dir., Brooklyn Park Karl Batalden, Housing&Econ. Dev. Coord., Woodbury Kim Berggren, Dir. of Comm. Dev., Brooklyn Park Sasha Bergman, Gov't. Relations Rep., Minneapolis Brooke Bordson, Sr. Project Coord., Metropolitan Council Amy Brendmoen, Councilmember, St. Paul Bob Cardinal, Councilmember, Maplewood Sheila Cartney, Planner/Comm. Dev. Dir., Rogers Jeffrey Dahl,Asst. City Administrator, Chaska Jenni Faulkner, Community Dev. Dir., Burnsville Grant Fernelius, Community Dev. Dir.,New Brighton Marie Franchett, Project Mgr. Planning/Econ. Dev., St. Paul Shannon Guernsey, Executive Director, MN NAHRO Bryan Hartman, HRA Program Manager, Bloomington Jon Hohenstein, Community Dev. Director, Eagan Ed Iago, Councilmember, West St. Paul Anne Kane, Community Dev. Dir., White Bear Lake Margaret Kaplan, Dir. Comm. Dev., Minnesota Housing Michael Leek, Community Dev. Dir. Shakopee Melissa Lesch, Sr. Gov't Relations Rep., Minneapolis Patricia Lindgren, Legislative Aide, St. Paul Dean Lotter, City Manager,New Brighton Lorrie Louder, Sr. VP-Business & IGR, St. Paul Port Authority Logan Martin, City Administrator, Bayport Anne Mavity, Councilmember, St. Louis Park Joseph Murphy, Councilmember, Vadnais Heights Brad Nielsen, Planning Director, Shorewood Bruce Nordquist, Comm. Dev. Dir., Apple Valley Anne Norris, City Manager, Crystal Loren Olson, Gov't. Relations Rep., Minneapolis Jen Peterson, Councilmember, Cottage Grove 2015 Legislative Policies 57 Committee Rosters Terence Quigley, Councilmember, Shoreview Mark Sather, City Manager, White Bear Lake Dave Schaps, Asst, City Administrator, Oakdale Mary Sherry, Councilmember, Burnsville Steve Stahmer, City Administrator, Rogers Bob Streetar, Community Development Dir., Oakdale Patrick Trudgeon, City Manager, Roseville Tony Wagner, Councilmember, Minnetonka Metropolitan Agencies Jo Emerson(Chair), Mayor,.White Bear Lake Susan Arntz, City Administrator, Waconia Michelle Beaulieu, City Planner, St. Paul Sasha Bergman, Gov't. Relations Rep., Minneapolis Brooke Bordson, Sr. Project Coord., Metropolitan Council Frank Boyles, City Manager, Prior Lake Bob Cardinal, Councilmember, Maplewood Vanessa Demuth, Councilmember, Rosemount Jim Dickinson, City Administrator, Andover Elizabeth Glidden, Councilmember, Minneapolis Tom Goodwin, Councilmember, Apple Valley Chuck Haas, Councilmember, Hugo Dana Hardie, Admin. Services Dir., Burnsville Elizabeth Kautz, Mayor, Burnsville Mike Knight, Councilmember,Andover Katie Knutson, Gov't. Relations,Assoc., St. Paul Michael Leek, Community Dev. Dir., Shakopee Melissa Lesch, Sr. Gov't. Relations Rep., Minneapolis Tom Link, Comm. Dev. Dir., Inver Grove Heights Dean Lotter, City Manager, New Brighton Lorrie Louder, Sr. VP-Business & IGR, St. Paul Port Authority Tim McNeil, Mayor, Dayton Mark Nagel, Asst. City Administrator, Elko New Market Loren Olson, Gov't. Relations Rep, Terry Schneider, Mayor, Minnetonka Anne Smith, Councilmember, Lake Elmo Ady Wickstrom, Councilmember, Shoreview 58 2015 Legislative Policies Committee Rosters Municipal Revenue & Taxation Danna Elling Schultz(Chair), Councilmember, Hastings Sasha Bergman, Gov't. Relations Rep., Minneapolis Brooke Bordson, Sr. Project Coord., Metropolitan Council Tom Burt, City Manager, Golden Valley J.D. Burton, Dir. of Government Rel. Rep., St. Paul Bob Cardinal, Councilmember, Maplewood Mark Casey, City Manager, St. Anthony Village Bill Coughlin, Councilmember, Burnsville Bruce DeJong, Finance Director, Shorewood Jim Dickinson, City Administrator, Andover Lori Economy-Scholler, Chief Financial Officer, Bloomington Marcia Glick, City Manager, Robbinsdale Dana Hardie, Admin. Services Dir., Burnsville Laurie Hokkanen,Assistant City Manager, Chanhassen Susan Iverson, Dir. of Finance/Admin. Services, Arden Hills Marvin Johnson, Mayor, Independence Jim Keinath, City Administrator, Circle Pines Merrill King, Finance Director, Minnetonka Kathy Lantry, Councilmember, St. Paul Tom Lawell, City Administrator, Apple Valley Julie Linnihan, Finance Dir./City Clerk, Shakopee Dean Lotter, City Manager,New Brighton Kristi Luger, City Manager, Excelsior Scott Lund, Mayor, Fridley John McCarthy, Chief Budget Analyst, St. Paul Melanie Mesko-Lee, City Administrator, Hastings Justin Miller, City Administrator, Mendota Heights Rebecca Olson, Asst. to the City Manager, Shoreview Lori Peterson, HR Dir., Eagan Don Rainbow, Finance Dir., White Bear Lake Gene Ranieri, IGR Director, Minneapolis Bruce Sanders, Councilmember, Coon Rapids Ryan Schroeder, Administrator, Cottage Grove Josh Sprague, Councilmember, Edina Kim Therres, Asst. City Manager/HR Dir., Crystal Lisa Wieland, Finance Dir., Rogers Dick Woodruff, Councilmember, Shorewood 2015 Legislative Policies 59 Committee Rosters - Transportation & General Government Scott Lund (Chair), Mayor, Fridley Steve Albrecht, Dir. Public Works/City Eng., Burnsville Dick Allendorf, Councilmember, Minnetonka Susan Arntz, City Administrator, Waconia Kristin Asher, Engineer, Richfield Geralyn Barone, City Manager, Minnetonka Michelle Beaulieu, City Planner, St. Paul Sasha Bergman, Gov't. Relations Rep., Minneapolis Brooke Bordson, Sr. Project Coord., Metropolitan Council Frank Boyles, City Manager, Prior Lake Mary Brindle, Councilmember, Edina Larry Brown, Director of Public Works, Shorewood Heather Butkowski, City Administrator, Lauderdale Bob Cardinal, Councilmember, Maplewood Scott Cordes, Dir. Budget& Innovation, St. Paul Steve Elkins, Council Member, Metropolitan Council Danna Elling Schultz, Councilmember, Hastings Mary Gaasch, Councilmember, Lauderdale Steven Gallagher, Councilmember,Newport Edwina Garcia, Councilmember, Richfield Ruth Grendahl, Councilmember, Apple Valley Mary Hamann-Roland, Mayor, Apple Valley Gary Hansen, Councilmember, Eagan Tom Harmening, City Manager, St. Louis Park James Hovland, Mayor, Edina Jane Kansier, Asst. City Manager, Prior Lake Dan Kealey, Councilmember, Burnsville Karl Keel, Public Works Dir., Bloomington Jean Keely, Engineer, Blaine Mike Knight, Councilmember, Andover Katie Knutson, Gov't. Relations Assoc., St. Paul Denny Laufenburger, Councilmember, Chanhassen Michael Leek, Comm. Dev. Dir, Shakopee Kim Lindquist, Comm. Dev. Dir., Rosemount Dean Lotter, City Manager,New Brighton Lorrie Louder, Sr. VP-Business &IGR, St. Paul Port Auth. John Maczko, Transportation Dir.-Public Works, St. Paul Mark Maloney, Public Works Dir., Shoreview Mark McNeill, City Administrator, Shakopee Mike Mornson, City Manager, Hopkins Paul Oehme, Engineer/Public Works Dir., Chanhassen Loren Olson, Gov't. Relations Rep., Minneapolis Candy Petersen, Councilmember,North St. Paul Becky Petryk, Councilmember, Hugo 60 2015 Legislative Policies Committee Rosters Gene Ranieri, Director of IGR, Minneapolis Michael Ridley, City Planner, Eagan Dan Ryan, Councilmember, Brooklyn Center John Sachi, City Engineer, South St. Paul Sue Sandahl, Councilmember, Richfield Sue Sanger, Councilmember, St. Louis Park Steve Schmidt, Councilmember, Anoka Duane Schwartz, Public Works Dir., Roseville Russ Stark, Councilmember, St. Paul Dick Swanson, Councilmember, Blaine Meg Tilley, Councilmember, Eagan Bethany Tjornhom, Councilmember, Chanhassen Kevin Watson, City Administrator, Vadnais Heights Ady Wickstrom, Councilmember, Shoreview Susan Young, Councilmember, Forest Lake 2015 Legislative Policies 61 IMUNICIPAL ir LmlsATFvE COMMISSION 2015 Legislative Program f Prepared by Messerli & Kramer, P.A. 525 Park Street, Suite 130 St. Paul, MN 55103 SUMMARY OF 2015 LEGISLATIVE PRIORITIES I. Promote accountability and transparency in the State/local fiscal relationship A. Support individual property tax relief through the circuit breaker program. B. Oppose automatic inflationary increases in LGA. C. Support policies that help promote a more equitable property tax burden as a percentage of income (Voss Database). D. Expand the preliminary levy date change to all special taxing districts (EDAs, HRAs, etc.) from September 15th to September 30th. E. Support allowing a sales tax exemption for local government purchases of snowplows and road construction vehicles and fixing the construction materials sales tax exemption for local units of government. F. Support increased transparency and prudent reform in the State's "Fiscal Disparities" program. G. Oppose fiscal limitations on local units of government. II. Invest in job retention and growth. A. Support a broad based transportation funding package that promotes economic development and growth in the region ante keeps Minnesota competitive. B. Support providing DEED with the tools and incentives necessary to attract and retain businesses: C. Support flexibility,in Tax Increment Financing (TIF)policies. D. Reduce:the corporate income tax rate so Minnesota is no longer in the top 10 states nationally. III. Support local government policies that promote fairness and equity A. Support Street Improvement Districts. B. Oppose mandates relating to expenditure-type reporting C. Water Resource Management—reduce and better align agency oversight. D. Oppose state takeover of cable franchising. 2015 LEGISLATIVE INITIATIVES The Municipal Legislative Commission(MLC) has identified the following issue areas as priorities for the 2015 Legislative Session: I. Promote accountability and transparency in the State/Local fiscal relationship; I1. Invest in job retention and growth; and 11I. Support local government policies that promote fairness and equity. I. PROMOTE ACCOUNTABILITY AND TRANSPARENCY IN THE STATE/LOCAL FISCAL. RELATIONSHIP MLC Communities believe that the Legislature must constantly strive to ,velop policies promoting greater stability, transparency, equit}'and predictability in the fi�relationship When the state and local units of government. p pos,4�t/�and efficient/public services should be provided by the level of �, nment closest,t6Yc�eaffected. Our coriiunities believe that the system created by thta %to finance city, ices must be equitable, accountable and straight forward. The MLC urges the legisl � �be mind of the w*n), guid'iprinciples when deliberating on tax, firiar a� eional growth imty ;% • In order to promote accountability, loc1;gc�vernment'fix ance should demonstrate a strong relationshbetweees paid ano'benefits received. • Unfunded state mait tes� linits,property tax freeze and reverse referenda siciriiyit theilretailiecessy for local governments to plan with fa�ncial confide. • Cis characterizewith hig property values are not universally populated with high- incom q residents Petions `al1 of our cities are not only culturally diverse, but include-retirees on fixe Jncomes;single parents and apartment dwellers. The number of seniors itfr communiti is rising. Policies that ignore such diversity are not equitable. • In the interest. mainta�i/ing the stability of our local communities, any tax reform that is considered "�d Mii ize burden shifts on individual taxpayers and businesses, and potential revenue sbafls for communities and should be recognized and addressed. A. Support individual property tax relief through the circuit breaker program. Providing direct property tax relief that is equitable and accountable is a priority for the MLC. The Property Tax Refund(PTR)program ("circuit breaker") provides direct property tax relief to individuals based on their income and ability to pay. In 2013 and 2014,the PTR program was enhanced, which our communities appreciate because it provides relief to the individuals who need it most, regardless of where they live. The MLC supports continued investments to the circuit breaker program. B. Oppose Automatic Inflationary Increases in LGA. The MLC opposes automatic inflation adjustments in LGA funding. Our communities feel the need for increased investments in LGA should be addressed annually by the Legislature, not set on autopilot. C. Support policies that help promote a more equitable property tax burden as a percentage of income (Voss Database). The Department of Revenue publishes a report called the "Residential Homestead Property Tax Burden Report,"using data obtained from the "Voss Database." The purpose of this report is to look at property tax fairness throughout the state by matching homeowners' property taxes paid with their actual incomes (includes county, school and city property tax burdens). In its 2013 report (based on 2011/2010 data), the findings show that the property tax burden is greater in the Metro Area compared to Greater Minnesota. In fact, the study reports a median property tax burden(after PTR) of 3.1% of income for the Metro region, and 2.3% of income for Greater Minnesota. The MLC asks the Legislature to continue to support policies that promote a more equitable property tax burden for suburban homeowners, as identified in the Voss Database Report. D. Expand the preliminary levy date change to all special taxing districts (EDAs, HRAs, etc.) from September 15th to September 30th. Last year, the MLC worked to move the date by which cities and counties are required to set their preliminary levies from September 15th to September 30th. This MLC initiative applied to all cities and counties statewide. It was of particular importance to our MLC communities, who have struggled with the timing of obtaining key financial data, in particular, when they receive their fiscal disparities information. Typically, this information wasn't fully received until mid to late August. Given the timing and volatility of the fiscal disparities program, setting an accurate budget and preliminary levy by September 15'h was challenging. By moving the preliminary levy date back two weeks, our cities have more time to digest the fiscal disparities information, to more accurately put budgets together, and to allow more time for public input. This change also provided consistency by making cities, counties and school districts set their preliminary levies on September 30th The MLC now asks the Legislature to expand the preliminary levy date change to all special taxing districts (EDAs, HRAs, etc.) from September 15th to September 30th. Logistically, many communities set all of their levies at once. Having the same preliminary levy date will streamline the process overall for local governments leading to better budgeting across the board. E. Support allowing a sales tax exemption for local government purchases of snowplows and road construction vehicles and fixing the construction materials sales tax exemption for local units of government. [Placeholder for discussion.] F. Support increased transparency and prudent reform in the State's "Fiscal Disparities" program. The Fiscal Disparities program was enacted in 1971 to reduce discrepancies in tax base wealth between taxing units within the metropolitan area. While the program has generally achieved its objective, significant issues rema*for many MLC communities. As a result,the MLC believes it's time to look at pot changes that would allow the program to be more transparent as well as address tdated and arbitrary formula. G. Oppose fiscal limitations on local units of vernmenl Our cities have been financially constrainlevy limttshe past, which have had a ii negative impact on our ability to meet. eds of residents. t psing artificial caps, such as levy limits and property tax freezes,removes the autono eeded for city officials to make decisions in the best interests of their fellow citizens,,�,� The MLC opposes state limi*/ on local dedi making that inhibit cities' ability to plan with financial confidenceq; T IN JORRETEN`t// AND ROWTH Compared to the rest e�fe nation,; Znneapoli - aul and the surrounding suburbs rank at the top when it comes to the rcentag bf college educated adults active in the workforce, as well as the number of Fxtune 500 h6ad s per capita ?Ve are also one of the few metropolitan regions in the, [ tl horn�ftate' pitol d its major research university. This region has played a crag W role ire economic recovery and the recent job growth in our State. MLC cities specifically are critical job,p ucers for the region. Combined, we are among the biggest job producing areas in the state with over half a million employees ( 532,749 as of 2013) compared to Miolis/St. Paul�vith a combined total of 478,453 employees in 20131. As such, the State nee&10 invest/s sort regional growth in the Twin Cities metropolitan area and surrounding suburbs. �znernis believe the State can play a critical role in keeping and growing jobs by making k", � and by supporting and partnering with cities. A Jobs focus, which includes investments in our infrastructure, will help cities promote a healthy business environment, which will keep and grown jobs here rather than having companies move to a more competitive state. 1 Metropolitan Council community profile data,hgp:Hstats.metc.state.mn.us/profile/Default.aspx,citing US Census Bureau;American Community Survey(October 26,2012);US Census Bureau;Decennial Census(July 14,2011); US Census Bureau;Metropolitan Council Annual Estimates(September 16,2013);and US Census Bureau; Metropolitan Council Forecasts(April 26,2012). A. Support a broad based transportation funding package that promotes economic development and growth in the region and keeps Minnesota competitive. The MLC to support transportation investments to reduce congestion, replace deficient bridges, maintain regional and state highways, and advance public transit. The MLC is supportive of a transportation funding package for roads, bridges and transit that meets the long term needs of our member cities. The significant needs have been well documented2, including: • Minnesota's population is expected to increase by almost 1 million to over 6.1 million by 2030. o The Twin Cities area is expected to grow twice as much as rest of the state. o Baby boomers will start turning 80 in 2025 (resulting in a need for more transportation options). o Meanwhile, millennials demand amore multimodal system. • Under MnSHIP, the 20-year spending plan,pavement will worsen by 55% through 2024 and then gets even worse (MnDOT). o Interrupted service results in millions lost per day, to business. o Congestion may increase 30%per person. o Infrastructure repair dominates funding outlook—new projects less likely. • According to MnDOT, the cost to complete,needed improvements and make strategic investments in the transportation network exceeds our projected funding by an estimated $50 billion during the next 20 years. 0 50 percent of state highway pavements are more than 50 years old. o 35 percent of state bridges are more than 50 years old. o innesota'is ranked 38th nationally for pavement condition. o Minnesota is ranked 9th(tied)nationally for state highway bridges. o The Twin Cities metro area will add 900,000 people by 2040. • 'Our:purchasing power has declined 30% since 1988 (despite '08 gas tax increase). Half the `08 gas tax increase was dedicated to debt service, leaving many needs unmet. (MnDOT). • A recent study suggests that $513 invested over 20 years to maintain current performance delivers $1413 $23B in benefits (ROI 3.1). An additional $713 invested over 20 years (achieve world-class system) gains $1513 - $19B in befieft's (ROI 2.1) • Likewise, a 2012 study by the Itasca Project, a group of Twin Cities area business leaders, found that investing $4.4 billion to build out a system of regional 2 Minnesota Go,Minnesota Department of Transportation(2013)http://www.dot.state.mn.us/minnesotago/citing Minnesota's Transportation Finance Advisory Committee(May,2013),Keep Moving to Keep Ahead, Recommendations from the Minnesota Transportation Finance Advisory Committee: www.mndot.gov/TFAC;and Minnesota's Transportation Finance Advisory Committee(December,2012),Minnesota Moving Ahead: Transportation Funding and Financing for the Next 20 Years: hitp://www.dot.state.mn.us/tfac/docs/final-revort.pd Metropolitan Council regional transit facts,http://metrocouncil.org/About-Us/Facts/TransportationF/FACTS- Regional-Transit.aspx,citing The Itasca Project(November 30,2012),Regional Transit System, Return on Investment Assessment: http://www.theitascaproiect.com/Transit%20ROI%20exec%20summary%2ONov%202012 pdf. transitways by 2030 would yield a return on investment of$6.6 to $10 billion, mostly in travel time savings for people and goods. (Met Council) Given these very serious needs and our concerns over transportation funding as it relates to maintaining a healthy economic environment in the metro region, the MLC asks that the legislature and the Governor do whatever is necessary to pass a comprehensive package in the next legislative session. In addition, our members support the Transportation Economic Development Program (TED), a collaboration between DEED and MnDOT which prioritizes and funds highway capacity and safety improvements which will result i significant job growth and economic development. During the last bienniumftidxng ($20 million) was dedicated for this purpose from the Trunk Highway Fund w theMLC applauds. However, that , � funding source lacks the flexibility state agencies need t6'address the needs identified by communities. The MLC supports directing' eneral funds is purpose and encourages the Legislature to continue annually alerting MnDOT funds f� and the TED program. ;i B. Support providing DEED with the tools and incenses necessary;,,attract and retain businesses. The MLC is supportive of I � ,rograms that the State attract and retain business. Programs like the Minnesota Invent Fund,the' b Creation Fund and the Minnesota Trade Office have offered prover(results and have had dor impacts in MLC communities. The MLC was supp/�rtive oft,major investments in DEED's initiatives during the last bay and will work to ensding fihose programs remains stable. Addil ; lly, the 1C is supportvef efforts*;address mismatched skills to better align wit e workffi/tie, additions nding for workforce and retraining, as well as efforts to reduce ermitt/ timelines to streamline regulation. C. blity iriax Increm"fit Financing(TIF) policies. remains one f the most viable tools available to fund community reinvestment efforts and to help'cmunitpartner with the State and businesses to create economic de pment. Further rc trictiar-of TIF would render the tool less effective and will almost certainly curtail"I, al effoitsto support job creation, housing, redevelopment and remediaiiottL So as to prevent"0ily complicating this process,the Legislature should avoid enacting future TIF' restrictions during the next legislative session. Additionally,the MLC supports increased flexibility with tax increment financing as a tool to help communities incent economic development. D. Reduce the corporate income tax rate so Minnesota is no longer in the top 10 states nationally. Minnesota has one of the highest tax rates in the nation,putting us at a disadvantage nationally in attracting new business development. However, for the businesses that have committed to building in Minnesota,there are multiple credits and deductions available (i.e. the Research& Development Credit)that made the effective tax rate much lower than what is being marketed. A phased-in lower corporate income tax rate would improve our marketability nationally and better reflect the effective tax rate businesses in Minnesota actually pay. The MLC supports a corporate income tax rate reduction so our State no longer ranks in the top 10 nationally of highest corporate income tax rates. III. SUPPORT LOCAL GOVERNMENT POLICIES THAT PROMOTE FAIRNESS AND EQUITY MLC believes strongly that government services should be provided as close to the local government level as possible. That being said, MLC cite see the benefit of partnering with the State to provide the best services for their constituents,when possible. However, State mandated (and often unfunded)programs can interfere with a city's ability to make the best fiscal decisions for its community, leading to either a reduction in basic services or an increase in taxes and service charges in order to meet the requirements outlined by the State. The MLC asks the Legislature to thoughtfully consider existing mandates and their efficacy, and make the appropriate reductions or repeals where possible. We further ask that unfunded mandates be avoided altogether. Should new mandates on local units of government be proposed, we ask that legislators consider providing cities with the greatest amount of flexibility available in order to reduce implementation costs. Additionally, there are ways the State can provide'local governments tools to be successful by either structuring state programs to,be more user friendly or by implementing programs that give local governments the flexibility to meet their needs. MLC asks the legislature consider proposals that give local governmentsppportunities,to be efficient, productive and enterprising. The MLC asks policy makers to consider the following: A. Support Street ImprovementDistricts Comminities across the state of Minnesota are searching for ways to finance necessary road improvements. Street Improvement District legislation has been brought forward over the last several sessions as a new way to help cities find the funds to make necessary repairs. The-MLC is supportive of this legislation and its member communities would benefit from having another tool in their toolbox to make road improvements. B. Oppose mandates relating to expenditure-type reporting [Placeholder for discussion]. Our members appreciate the intent of more transparency between local governments and taxpayers, as well as allowing comparisons across cities of counties. However, this language poses problems as drafted. First,the legislation creates administrative burdens for our cities because reporting by object code is not standard practice. In order to comply,this would need to be compiled by city staff, which would require additional resources and costs. Furthermore, the legislation requires cities to develop and publish detailed line-item proposed and revised current budgets 15 days after the council adopts the preliminary levy in mid-September. Most cities do not prepare budget detail for the next year until mid-November. The September requirement for detailed reporting is not workable. C. Water Resource Management-reduce and better align agency oversight The MLC supports efforts to review and better align water resource management in this state, to make the system more straight-forward and easy to use without jeopardizing water quality. The current system is burdensome, confusing and inefficient to local officials who must work within the system to facilitate growth and development and who are working to ensure a health natural environment. f��/�upports the formation of a bipartisan taskforce of local, county, state, and prector officials to address the overlapping, duplicative, and conflicting requir ts3 the current system and provide a recommendation on legislation to reduce abetter align# ency oversight. Further, MLC asks that when consideringislation that effeC�s�ater management, like permitting and storm water regulations, gislators first consider the impact on local government, and include local officials in an/ procesffiat would afthem as important stakeholders. D. Oppose state takeover of cafi)e hiring. -„ Congress and the FCC have looked into reforming video franchising at the national fr; level. Last year,bob,houses of Congress tie wrings �introduced legislation on the issue. However � ll was enacted. There has en t 'to revisit the issue but doing so might incl having tp take up the,c�ntous is of net neutrality again. The FCC, last De�'mber, di4jadopt an or on video franchising. The new rules will: Set a"shot clock" of 944srising authorities to rule on applications from C euffor&with existrn OW access,and f90 days for new entrants without existing access, an,iieasotiable build-out requirements for new entrants; require other Iand in-kind cooffibutionsfo be counted toward the five percent franchise fee. Some of'the major concerns about,�gtatewide cable video franchising are the retaining of local control of public rih'ts-of-way (ROWs) and safeguarding local government revenue streams, whi&hlare deriv`j/from the franchising fee (typically five percent of a provider's gross revenue ftp cabfervice). The MLC does not want the state to take over cable franchising authority from the local governments and asks that the legislature oppose any such measures. For questions about the MLC's Legislative Program, please contact: Tom Poul tpoul@messerlikramer.com Erin Campbell ecampbell@messerlikramer.com Charlotte de Julio cdejulio@messerlikramer.com ...or by calling Messerli & Kramer, P.A. at 651-228-9757. A special thanks to our Legislative Program Subcommittee members: Barry Stock City Administrator, Savage Brad Tabke Mayor, Shakopee Dave Callister City Manager, Plymouth Gene Winstead Mayor, Bloomington George Tourville Mayor, Inver Grove Heights Jim Hovland Mayor, Edina(MLC Chair) Joe Lynch City Administrator, Inver Grove Heights Mary G. Stephens Mayors Woodbury Melinda Coleman Interim City Manager, Maplewood Mike Maguire Mayor, Eagan Rick Getschow City Manager,Eden Prairie Terry Schneider Mayor, Minnetonka Terry Schwerin City Manager, Shoreview Tom Lawell City Administrator,Apple Valley ix V/j; /, 1 y i � 6 P i r e 1 i 4 a s "M A i u i V, i 1 , r u 1 I ll y p �, ti � ��' � � � �,�, � ; .; d' � � uI iu '� ,i�. ,,, ii � � _ N �� �is �� �� i — i J,i �p J 0 J� y Hsi Ptl U I � i i �� �� � ,� _ _ �sr I �, �� �� �_ s,�z _ � - M1 � t � � r ;� � � �� ��. � ; 2 J� I�• (: I i i � � 4 '�' IiFA1 - '�. a � � ° '� �� t � _ w, y � , H KK: r_.� e { a. " ..._ �.. � .. �,; a � -, :,, mn � � � � ,A..... 1 �� � � .� �- r � � i �, i `uir�r � i, � � �. a � � k i i �' �*` ' a. ti � 4 i "�` ,� ir. r.. � .::, a �., i � � � .._ .. i n t i� I � p �� e ��� .�., � ...ti ,.., ,.. ':, y n. :Lz � - .a ��� _ x �. _ o �, � y�;� �-�� Vin. r,et� ��ti .. �. .,; I I 4 e.... 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Additional analysis regarding pedestrians crossing CSAH 42 at Elm Drive and study safety issues associated with crossing arterial roadway. 2. Detailed traffic study of adjacent local street segments 3. Develop a preliminary layout for Gardenview Drive intersection 4. Evaluate capacity of north and south approach lanes in conjunction with signal timing plans • 1 11/13/2014 Traffic Growth Projections Annual Vehicle Miles Traveled on Dakota County Highways 1,400 ......... ...._.... ...._. w 2.200 ..,.._..,. ......,..„ ._._�.�_._._. ,men......_�- N > p 1.000 r 800 '– 600 – _. s F v 400F 'u _ �0 200 – 1990 1995 2000 2005 2010 2015 2020 2025 2030 OCSAN ■CQ.Rd _—_ — ulx • Dakota County 2030 Transportation Plan { Capacity Deficiencies Under Capacity(307 Miles) —Approaching Capacity(63 Miles) Over Capacity(64 Miles) n -------Future Reads(34 Miles) xi rte, # i d ¢ n t. a a 2 11/13/2014 • 2007 2007 ADT Volumes 2030 Estimated 2030 ADT Volumes County Highways State Highways ' future County Highways N R WAT JK _ I 00.i OEM a r Traffic Study Area f z . 3f • 3 11/13/2014 Traffic Analysis— Intersection and Local Streets Study Area: Includes all adjacent road segments identified on previous figure Objective: Determine change in traffic volumes on local roadways and functionality of three main intersections (Level of service changes) Scope: Determine change from existing conditions for year 2015 and year 2040 for the following alternatives: 1. Elm to % intersection, Redwood median closed 2. Elm to% intersection, Redwood with EB left to NB Redwood 3. Elm to 3/ intersection, Redwood to 3/ intersection • Pedestrian Crossings CSAH 42 at Elm Drive 2007 ADT: 27,000 2030 ADT: 38,000 y 2040 ADT: 45,000 est. 0 AGM s 21006 '�` •e 4t � 230 � IM � - q789 cw' ii M, U A � 0 [3200 i soon 3oaa as �_ • 4 11/13/2014 y Discussion and Questions s e 5 L+.A CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2014 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 23, 2014, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Parks and Recreation Director Bernstein, Public Works Director Blomstrom, Planner Dykes, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, and Police Chief Rechtzigel. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Hooppaw, approving the agenda for tonight's meeting, as presented. Ayes - 5 -Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of October 9, 2014, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, Bergman, approving renewal of a Currency Exchange License by the Minnesota Department of Commerce to Madison Financial Companies, Inc., d/b/a Money Xchange, for premises at 15465 Cedar Avenue, Ste. 170. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2014 Page 2 MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2014-149 setting a public hearing, at 7:00 p.m., on November 25, 2014, on renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2015. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Truth-in-Taxation notice as attached to the Finance Director's memo dated October 16, 2014. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2014-150 to Release Encumbrances on Gabella Property and Galante Property. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2014-151 amending the Conditional Use Permit for a 3,500 square foot child care facility in a"LB" (Limited Business) zoning district on Lot 7, Block 2, Valley Commercial Park 2nd Addition (145 10 Pennock Avenue), for Miss Marie's Learning Center, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Designing Earth Contracting, Inc., for AV Project 2013-149, Regents Point Street and Utility Improvements, in the amount of an additional $34,030.50. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting AV Project 2012-107, 2012 Pond Cleanouts, as complete and authorizing final payment on the contract with Kevin Casey, LLC, in the amount of$521.98. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Memorandum of Agreement for 2015 Insurance Contribution with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal and part time employees and resignation of employee, as listed in the Personnel Report dated October 23, 2014. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA TRUTH-IN-TAXATION INSERT Councilmember Goodwin commented on the Truth-in-Taxation insert and the pie chart which depicts street maintenance costs. He pointed out the City Council made a decision a few years ago not to specially assess property owners for street maintenance. He believes it is one of the CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2014 Page 3 most important decisions made by the City Council and is proud of its positive impact on Apple Valley's residents and businesses. Mayor Hamann-Roland added that it helps keep the citizens' and businesses' budgets predictable. EXPANSION OF MISS MARIE'S LEARNING CENTER FACILITY Ms. Marie Zurick, from Miss Marie's Learning Center, noted this is the third time she has been before the City Council for an expansion of her learning center. She commented on her business and her love for the children she teaches. GENERAL ELECTION UPDATE Ms. Gackstetter provided the Council an update on election preparations and reminded the public about the upcoming City and General Election on Tuesday,November 4. Polls will be open from 7:00 a.m. to 8:00 p.m. She encouraged everyone to exercise their right to vote. CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk's memo dated October 20, 2014, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated October 15, 2014, in the amount of$801,617.93; and October 22, 2014, in the amount of$1,455,884.19. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:26 o'clock p.m. Respectfully Submitted, Q Pamela J. kst ter, City Clerk Approved by the Apple Valley City Council on 4. 9 o#s o. :t�. 1 -2. ::0" City of Apple MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: November 10, 2014 SUBJECT: APPLICATIONS FOR LAWFUL GAMBLING EXEMPT PERMITS -LG220 American Legion Auxiliary, Unit 1776 Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. These permits are issued for limited fund raisers or raffles. The following applications have been submitted for Council approval: American Legion Auxiliary, Unit 1776, for events to be held at the Apple Valley American Legion, Post 1776, 14521 Granada Drive, on: January 10, 2015 March 14, 2015 The applications are on file should you wish to review them. Please feel free to contact me if you have any questions. Recommended Action: Motion approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to American Legion Auxiliary, Unit 1776, for use on January 10, 2015, and March 14, 2015, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. :jsp 4. c ITEM:, 1-3 City of Apple COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent Agenda ITEM DESCRIPTION: New 2015 Permit and Licenses - Emperor Twyst, Inc., d/b/a CBM Shell STAFF CONTACT: DEPARTMENT/DIVISION: Pamela J. Gackstetter, City Clerk Administration/City Clerk's Office Action Requested 1. Motion to approve issuance of a new 2015 Fuel Dispensing Facility Permit to Emperor Twyst, Inc., d/b/a CBM Shell, located at 12503 Germane Avenue, effective January 1, 2015. 2. Motion to approve issuance of a new 2015 Off-Sale 3.2 Percent Malt Liquor License to Emperor Twyst, Inc., d/b/a CBM Shell, located at 12503 Germane Avenue, effective January 1, 2015. 3. Motion to approve issuance of a new 2015 License to Sell Tobacco and Tobacco Products to Emperor Twyst, Inc., d/b/a CBM Shell, located at 12503 Germane Avenue, effective January 1, 2015. Summary Emperor Twyst, Inc., d/b/a CBM Shell, located at 12503 Germane Avenue, has submitted the following applications: 1. Fuel Dispensing Facility Permit 2. Off-Sale 3.2 Percent Malt Liquor License 3. License to Sell Tobacco or Tobacco Products All of the paperwork has been received. The Fire Department has completed the necessary inspection for a new Fuel Dispensing Facility Permit and finds no reason the permit cannot be authorized. The Police Department has completed the necessary background investigation for an Off-Sale 3.2 Percent Malt Liquor License and License to Sell Tobacco and Tobacco Products and finds no reason these licenses cannot be authorized. The licenses would be effective from January 1, 2015, through December 31, 2015. The applications are in order and may be approved by the City Council. Background N/A Budget Impact N/A Attachment(s) N/A 000 0000 00000 0(06 ITEM: 14 . (� J City Of Apple COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent Agenda ITEM DESCRIPTION: Set Public Hearing for New On-Sale 3.2 Percent Malt Liquor License— Li, Inc., d/b/a Super World Buffet STAFF CONTACT: DEPARTMENT/DIVISION: Pamela J. Gackstetter, City Clerk Administration/City Clerk's Office Action Requested Adopt the resolution setting a public hearing on December 11, 2014, at 7:00 p.m., on the application for On-Sale 3.2 Percent Malt Liquor license by Li, Inc., d/b/a Super World Buffet. Summary Li, Inc., d/b/a Super World Buffet has submitted an application for an On-Sale 3.2 Percent Malt Liquor license for premises located at 15050 Cedar Avenue, Ste. 111. Attached is a resolution authorizing and directing staff to publish a hearing notice regarding the liquor license application. Background Budget Impact N/A Attachment(s) Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION SETTING PUBLIC HEARING ON LICENSE APPLICATION WHEREAS, the City Clerk has advised this Council that an application for On-Sale 3.2 Percent Malt Liquor License has been received from Li, Inc., d/b/a Super World Buffet, on premises located at 15050 Cedar Avenue, Ste. 111; and WHEREAS, City Code Section 111.24 requires the City Council to set and hold a public hearing on such license applications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. A public hearing on said application shall be held before this Council at the time, date and place specified in the Notice of Public Hearing attached to this resolution as Exhibit A. 2. As required by the City Code, the City Clerk is hereby authorized and directed to publish the hearing notice attached, in a timely manner, in the official City newspaper. ADOPTED this 13th day of November, 2014, Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A NOTICE OF PUBLIC HEARING ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE APPLICATION CITY OF APPLE VALLEY NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 147th Street W., on Thursday, December 11, 2014, at 7:00 p.m., or as soon thereafter as possible. The purpose of the meeting will be to hold a public hearing on the application of Li, Inc., d/b/a Super World Buffet, for ON- SALE 3.2 PERCENT MALT LIQUOR LICENSE pursuant to City Code Section 111.22. The business, which will be operated in conjunction with the proposed licenses, is a restaurant located at 15050 Cedar Avenue, Ste. 111. The owner and officer of the corporation is: Ai Cai Li, Owner All interested parties will be given an opportunity to be heard at said time and place. DATED this 13th day of November, 2014, BY ORDER OF THE CITY COUNCIL Pamela J. Gackstetter Apple Valley City Clerk 000 0000 00000 '' LL 000 4 ITEM: . City of Apple COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent Agenda ITEM DESCRIPTION: Approve 2015 Rates for City Attorney Services z STAFF CONTACT: DEPARTMENT/DIVISION: Charles Grawe, Assistant City Administration Department Administrator i Action Requested Approve 2015 rates for City Attorney services. Summary Each year,the City Attorney submits rates charged to the city for various attorney services. Attached is a letter from Michael Dougherty of the firm Dougherty, Molenda, Solfest, Hills & Bauer P.A. requesting a 2.75 percent increase in the retainer fees for legal services effective January 1, 2015. Staff recommends that the City Council approve the rate schedule. Budget Impact The proposed rates were anticipated in the 2015 proposed budget. The general municipal monthly retainer is proposed to increase from $12,700.00 to $13,050. The criminal prosecution monthly retainer is proposed to increase from $24,621 to $25,300. There are also similar percentage changes to the hourly rates for development and miscellaneous work. Attachment(s) Rate Letter Dougherty, Molenda,5olfest, Hills& Bauer„P.A. ' Michael G.Dougherty Direct dial:(952)953-88:0 Attorneys I Advisors E-mail;mdougherty@dmshb.com November 10,2014' Laity of Apple Valley Attn.: Charles Grawe, Assistant City Administrator 7100 West 157"' Street Apple Valley,'MN 55124 Re: Attorneys' Fees-2015 office 7300 West 147th Street Suite soo Dear Charles: Apple Valley;Mtn 55124 (452)432-3136 Phone In anticipation of the City's budgeting process, we are requesting the following fees with (952)432.378DFax respect to the work provided to the City for the year 2015. I www.dmshb.com 2014 2015 � Attorneys Michael G.Dougherty' General Municipal Monthly,Retainer $12,700.00 $13,050.011 l Criminal Prosecution Monthly Retainer $24.621.00 $25,300.00 Michael E.Molenda Attorney Work— Municipal Hou rly,Rate $141.03 $145.00 Loren M.So€Fest x:z Paralegal Wort:—Municipal Hourly Rate $86.10 $89.00 Development Work Hourly Rate $216.05 $223.00 � Sharon K.Hilts The proposal represents approximately a three percent(3%) increase to our existing rates. j Robert B.Bauer 1;2 Terrence A.Merritt' Please nate that the rate charged to applicants under Deposit Agreements and Development. Projects needs to be adopted by City ordinance and therefore should be included in any rate Annette M,Margarit adjustments to the City's fees for the year.2015. Stephen A.Ling If you have any questions,please give me a Call. Christine 1,Cassellius Cordially' Brian J.Wisdorf' Cordially, Michael D.Klemm a� Matthew 1.Schaap icha lerty Ryan 3.Ries GD1lmd - c William M.Topka E Erin E.Boerschat Kelsey A.Hareahan Daniel M.Ryan i Qualified Neutral under Minn,Gert.R.Prac._114 1 2 MSBA Board Certified Real Property Specialist individual Attorneys also Licensed in Wisconsin,and Missouri 00 L'� . 0000 00000 0*9 0000 City of Apple Valley MEMO Public Works Department TO: Mayor,City Council and City Administrator FROM: Colin G.Manson,City Engineer DATE: November 13,2014 SUBJECT: RESOLUTION REALLOCATING SPECIAL ASSESSMENTS-APPLE VALLEY EAST FAMILY 2ND ADDITION Staff has recently received a request from South Shore development to reallocate assessments associated with the Apple Valley East Family 2nd Addition. Staff has worked with the developer to establish the reallocation of existing levied assessments on Outlot A of the property. The following table summarizes the existing assessment balances for the parcel identified as Outlot A, Apple Valley East Family 2nd Addition PID#01-11785-00-010. Existing unpaid balances areas follows: City Project# 08-404 Assessment Roll# 602 Outlot A $267,696.52 Reallocation of the assessment is recommended as follows: City Project# 08-404 Assessment Roll# 602 Outlot B,Apple Valley East Family 2nd Addition $214,696.52 (PID#01-11785-00-020) Lot 1,Block 1 Cobblestone Lake Commercial 5th $53,000.00 Addition(PID#01-18072-01-010) Redistribution of the assessment value will not have an impact on the total value of payments for the assessments. Recommended Action: Adopt Resolution Approving Proposed Assessment Reallocation-Assessment Roll Number 602. CGM:cg Attachments c: Todd Blomstrom CITY OF APPLE VALLEY RESOLUTION NO. 2014 - A RESOLUTION REALLOCATING SPECIAL ASSESSMENTS - APPLE VALLEY EAST FAMILY 2ND ADDITION WHEREAS, the City of Apple Valley levied special assessments against certain property in the Apple Valley East Family 2nd Addition development area identified as PID# 01-11785- 00-010, Outlot A, Apple Valley East Family 2nd Addition(the "Property") for the following Projects: City Project No. 08-404, Apple Valley East Family Addition; WHEREAS, the initial amounts of the special assessments levied against the Property were as follows: City Project# 08-404 Assessment Roll# 602 Outlot A $290,004.48 WHEREAS, South Shore Development has requested that the City of Apple Valley reallocate the unpaid balances, including principal and accrued interest, of the special assessments among Outlot B, Apple Valley Family 2nd Addition and Lot 1, Block 1 Cobblestone Lake Commercial 5th Addition; and WHEREAS, the current unpaid balances, including principal and accrued interest, of the special assessments levied against the Property are as follows: City Project# 08-404 Assessment Roll# 602 Outlot A $267,696.52 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the unpaid balances, including principal and accrued interest, of the special assessments levied against the Property shall be reallocated among Outlot B, Apple Valley Family 2nd Addition and Lot 1, Block 1 Cobblestone Lake Commercial 5th Addition as follows: City Project# 08-404 Assessment Roll# 602 Outlot B,Apple Valley East Family 2nd Addition (PID#01-11785-00-020) $214,696.52 Lot 1,Block 1 Cobblestone Lake Commercial 5th Addition(PID#01-18072-01-010) $53,000.00 BE IT FURTHER RESOLVED, that the unpaid balances, including principal and accrued interest, of the special assessments shall be levied as reallocated herein. ADOPTED this 13th day of November, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 . � M E M O R A N D U M TO: Mayor, City Council, and City Administrator Tom Lawell FROM: Police Chief Jon Rechtzigel Fire Chief Nealon Thompson DATE: November 13, 2014 SUBJECT: Emergency Operations Plan Each city in Minnesota is encouraged to have an emergency operations plan (EOP). The City of Apple Valley has had an EOP in effect for many years. The EOP sets forth which positions and departments within city government are responsible for what activities in the event of a natural or manmade disaster affecting our city. The EOP also prescribes a general framework to guide the manner in which these incidents will be handled. We occasionally review and update the EOP and have conducted such a review and update over the last year. Updates include personnel changes and additional information from the Dakota County Special Operations Team (SOT). All department heads and the Dakota County Emergency Management Director have reviewed the EOP. It complies with state and federal mandates. City staff will also continue to conduct occasional reviews. Recommendation It is staff's recommendation that the City Council acknowledge receipt of the updated City of Apple Valley Emergency Operations Plan. Action Required If the Council so desires, acknowledge receipt of the plan. JHR:sm Attachment: Emergency Operations Plan CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN VERIFICATION OF PLAN APPROVAL The City of Apple Valley Emergency Operations Plan has been reviewed and approved by the Mayor and by the Apple Valley Emergency Management Director this date. Mayor Date Emergency Management Date Director CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN FOREWORD The basic purpose of this plan is to provide a guide for emergency operations. The plan is intended to assist key City of Apple Valley officials and emergency organizations to carry out their responsibilities for the protection of life and property under a wide range of emergency conditions. Although an organization may have the foresight to plan for anticipated situations, such planning is of little worth if it is not reduced to written form. Personnel with intimate knowledge of unwritten plans may be unavailable at the very time it becomes necessary to implement them. A written plan will furnish a documentary record which can be referred to as needed. This documentary record will serve to refresh the knowledge of key individuals and can be used to inform persons who become replacements. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN TRANSFER OF OFFICE THIS DOCUMENT SHALL REMAIN THE PROPERTY OF: Upon termination of office by reason of resignation, election, suspension, or dismissal, the holder of this document shall transfer it to his successor or to the Apple Valley Emergency Management Director. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN TABLE OF CONTENTS BASIC PLAN 1. Reason for Plan................................................................................................................... 1 Il. Purpose of Plan................................................................................................................... 1 III. Legal Basis and References.................................................................................................. 1 IV. Organization........................................................................................................................ 2 ChartA.............................................................................................................................. 2 V. Direction and Control ......................................................................................................... 3 VI. Emergency Responsibility Assignments.............................................................................. 3 ChartB .............................................................................................................................. 4 VII. Operations Policies ............................................................................................................. 7 VIII. Support................................................................................................................................ 7 A. National Guard........................................................................................................ 7 B. State and Federal Agencies..................................................................................... 8 IX. Plan updating and Distribution........................................................................................... 9 Annex A Warning and Notification ......................................................................................... 11 ChartC ............................................................................................................................ 13 AnnexB Direction and Control ............................................................................................... 14 Annex C Emergency Public Information................................................................................. 18 AnnexD Search and Rescue .................................................................................................... 19 AnnexE Health/Medical........................................................................................................ 20 Annex F Evacuation and Traffic Control ................................................................................ 22 AnnexG Fire Protection........................................................................................................... 23 AnnexH Damage Assessment.................................................................................................24 AnnexI Congregate Care........................................................................................................ 26 AnnexJ Debris Clearance....................................................................................................... 27 Annex K Utilities Restoration..................................................................................................28 Annex L Radiological Protection............................................................................................. 29 CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN AnnexM Legal ......................................................................................................................... 32 AnnexN Administration.......................................................................................................... 33 AnnexO Fiscal......................................................................................................................... 34 Annex P Communications....................................................................................................... 35 Annex Q Law Enforcement...................................................................................................... 36 Annex R Fuel/Vehicle Service................................................................................................. 37 Annex S Transportation........................................................................................................... 38 AnnexT Staffing...................................................................................................................... 39 Annex U Water/Sanitation .......................................................................................................40 AnnexV Terrorism...................................................................................................................41 Annex W Mass Vaccination...................................................................................................... 52 SUPPORTING DOCUMENTS EOP Resource Manual ALF Ambulance Disaster Plan Apple Valley Fire Department Standard Operating Procedures Apple Valley Police Department Policies &Procedures/Rules &Regulations CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN I. Reason for Plan Tornadoes, floods, blizzards, and other natural disasters can affect the City of Apple Valley. In addition, major disasters such as plane crashes, explosions, accidental releases of hazardous materials and enemy attack pose a potential threat to public health and safety. An emergency plan is needed to ensure the protection of the public from the effects of these hazards. Il. Purpose of Plan The City of Apple Valley has many capabilities and resources which could be used in the response to any major disaster. These include the facilities, equipment, personnel, and skills of both government and non-government professions and groups in Apple Valley. The purpose of this plan is to ensure the effective and coordinated use of these resources so as to: A. Maximize the protection of life and property. B. Ensure the continuity of government. C. Sustain survivors. D. Repair essential facilities and utilities. III. Legal Basis and References A. Public Law 920, as amended. B. Public Law 99-499, (Superfund Amendments and Reauthorization Act (SARA) of 1986) C. Minnesota Statutes, Chapter 12, as amended. D. City of Apple Valley Resolution No. 1979-89, 1981-63, 1985-4, 1986-94, 1986- 95, Apple Valley City Code - Chapter 33. E. Dakota County County-wide Emergency Operations Plan. F. Mutual Aid Agreements. G. Hospital Plan(s): Apple Valley Medical Clinic, Fairview Ridges Hospital. H. Facility hazardous materials plans. I. Pipeline Safety Law—Chapter 353. 1. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN IV. Organization Chart A Existing government agencies will perform emergency activities related to those they perform on a day-to-day basis. City of Apple Valley organization and interrelationships are shown in an organizational chart maintained in the office of the City Administrator. MAYOR& COUNCIL LEGAL CITY ADMINISTRATOR EMERGENCY MANAGEMENT DIRECTOR COMM. PARKS & HUMAN PUBLIC POLICE FIRE/EMS DEVELPMNT FINANCE RECREATION RESOURCES WORKS 2. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN V. Direction and Control The direction and control of government operations from a central, protected facility with adequate communications and key personnel is essential to the conduct of emergency operations. In the City of Apple Valley the Mayor is responsible for providing overall direction and control of City resources involved in the response to an emergency or disaster. The City of Apple Valley City Administrator and Emergency Management Director will serve in a staff capacity to the Mayor. They will have ultimate operational control over all City of Apple Valley departments in order to generate a coordinated response effort. Individual department heads shall retain the basic responsibility for operation of their department's activities and will coordinate their efforts with other City Departments in following this plan. The Apple Valley Emergency Management Director will also serve as a liaison with the Dakota County Emergency Management Director. Direction and control of the City of Apple Valley's response to a major disaster will take place from the Apple Valley Emergency Operations Center (EOC), located in the lower level of the police station at 7100 147th Street West. VI. Emergency Responsibility Assignments A. A summary of the City of Apple Valley emergency responsibility assignments by function is shown on chart B. Department heads will be responsible for carrying out the assignments shown on this chart subject to the direction of the City Administrator and Emergency Management Director. B. Responsibilities have been assigned by a code letter: "P", "S", or"C." 1. "P" indicates primary operational responsibility, which means the department is in charge of and responsible for that function. 2. "S" indicates support responsibility, which means the department so assigned will, if possible, support and assist the department designated primary responsibility. 3. "C" indicates coordination responsibility, and is assigned when several departments have support capability but no specific official or department has obvious primary responsibility. This will be especially true when non- government agencies are involved. 3. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN EMERGENCY RESPONSIBILITY ASSIGNMENTS Chart B Code: P =Primary, S = Support, C = Coordination FUNCTION RESPONSIBLE REMARKS AGENCIES A. Warning and Notification P—Police B. Direction and Control P—Emergency Mgmt Staff S—Police S —Fire C. Emergency Public P—Mayor Information S—City Administrator S—Emergency Mgmt Director D. Search and Rescue P—Fire S —Police S—Dakota County Sheriff E. Health/Medical P—Fairview Ridges Hospital P—Apple Valley Medical Center P—Group Health Clinic P—Fairview Clinic F. Evacuation and Traffic P—Police Control S—Fire G. Fire Protection P—Fire S—Fire Mutual Aid S—Public Works H. Damage Assessment P—Public Works S —Emergency Mgmt Staff S—Red Cross S—Community Development 4. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN EMERGENCY RESPONSIBILITY ASSIGNMENTS Code: P =Primary, S = Support, C = Coordination FUNCTION RESPONSIBLE REMARKS AGENCIES I. Congregate Care C—Parks & Rec Department P—Red Cross P— Salvation Army S —Dakota County Social Services S —ISD 196 J. Debris Clearance P—Public Works S—Parks & Rec Department K. Utilities Restoration P—Public Works P—Dakota Electric P—Xcel/ Center Point P—QWEST P —Frontier L. Radiological/Hazardous P—Fire Materials Protection S —Police S —Dakota County SOT M. Legal P—City Attorney N. Administration P—City Administrator O. Fiscal P—Finance Director P. Communications P—Police Q. Law Enforcement P—Police R. Fuel/Vehicle Service P—Public Works S. Transportation P—Parks &Rec Department S —ISD #196 Transportation Department S - MVTA 5. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN EMERGENCY RESPONSIBILITY ASSIGNMENTS Code: P =Primary, S = Support, C = Coordination T. Staffing P—Emergency Mgmt Director S—Human Resources U. Water/Sanitation P—Public Works V. Terrorism P—Police S—Fire W. Mass Vaccination P—Dakota Co. Health Dept. S—Police S —Fire S—ISD 196 S—Parks and Rec Dept. 6. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN VII. Operations Policies A. Protection of life and property during an emergency is the primary responsibility of government at all levels. B. In an emergency affecting more than one political jurisdiction, officials of all jurisdictions involved will coordinate their services to the maximum extent possible. C. The Apple Valley Emergency Management Director will assist in providing resource coordination between government agencies, nonprofit agencies and the private sector. D. City of Apple Valley government resources must be fully utilized before state or federal assistance will be made available. E. Each agency or City department will provide for the maintenance of records during an emergency. These records should include work hours, equipment hours, supplies and materials consumed, injuries to personnel, and damage to public facilities and equipment. F. Each City department will prepare and maintain operating procedures and resource lists unique to their agency in support of emergency operations within the city. VIII. Support A. National Guard 1. Overview When a natural disaster or other major emergency is beyond the capability of local government, support from the National Guard may be available. Only the Governor, as Commander-in-Chief of the Minnesota National Guard, has the authority to activate the Guard. The purpose of activation is to ensure the preservation of life and property and to support civil law enforcement agencies. a) National Guard assistance will complement, and not be a substitute for, county and/or City participation in emergency operations. b) If made available, National Guard personnel will remain under military command at all times, but will support and assist county and/or City forces in the accomplishment of a specific task or tasks. 7. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN 2. Request Procedure In the case of the county and all cities that are not of the first class, the sheriff must submit the request for assistance to the governor's office. Requests for activation of the National Guard should be submitted to the State Duty Officer, whose telephone number is on file with this plan and also on file at the Apple Valley Police/Fire Dispatch Center. B. State and Federal Agencies 1. Information and assistance in securing state and federal support may be obtained by contacting the Dakota County Emergency Management Director, who may be reached through the Dakota Communications Center. 2. A summary of state and federal programs available to local governments that are experiencing or have experienced a disaster is contained in Disaster Response and Recovery: A Handbook for Local Government. This document was developed by the Minnesota Division of Homeland Security and Emergency Management (HSEM), and is on file with the Dakota County Emergency Management Director. 3. Federal Assistance—Hazardous Materials Incidents The following types of federal assistance can be accessed through the State Duty Officer: National Response Center. The On-Scene Coordinator (OSC) is the federal official predesignated by the Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses and removals under the National Contingency Plan; or the Department of Defense (DOD) official designated to coordinate and direct the removal actions from releases of hazardous substances, pollutants, or contaminants from DOD vessels and facilities. When the National Response Center (NRC) receives notification of a pollution incident, the NRC duty officer notifies the appropriate OSC, depending on the location of an incident. Based on this initial report and any other information that can be obtained, the OSC will go to the scene and monitor the response of the responsible party of state or local government. If the responsible party is unknown or not taking appropriate action and the response is beyond the capability of appropriate state and local governments, the OSC may initiate federal actions, using funding from the Federal Water Pollution Control Act Pollution Fund for oils and discharges and the CERCLA Trust Fund (Superfund) for hazardous substance releases. 8. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Regional Response Teams. The Regional Response Teams (RRT) are composed of representatives of federal agencies and a representative from each state in the federal region. During a response to a major hazardous materials incident involving transportation or a fixed facility, the OSC may request that the RRT be convened to provide resolution. Under the national Contingency Plan, RRTs may be convened by the chairman when a hazardous materials discharge or release exceeds the response capability available to the OSC in the place where it occurs; crosses regional boundaries; or may pose a substantial threat to the public health, welfare, or environment, or to regionally significant amounts of property. Regional contingency plans specify detailed criteria for activation of RRTs. RRTs may review plans developed in compliance with Title III, if the local emergency planning committee so requests. Dakota County (DCSOT). The DCSOT is composed of representatives of Dakota County first responders, from Law Enforcement, Fire Departments and EMS. During a response to a hazardous materials incident involving transportation or a fixed facility, the OSC may request that the DCSOT be convened to provide resolution. Under the national Contingency Plan, Federal Resources may be convened by the chairman when a hazardous materials discharge or release exceeds the response capability available to the OSC in the place where it occurs; crosses regional boundaries; or may pose a substantial threat to the public health, welfare, or environment, or to regionally significant amounts of property. Regional contingency plans specify detailed criteria for activation of DCSOT and Federal Resources. DCSOT may review plans developed in compliance with Title III, if the local emergency planning committee so requests. 55th Civil Support Division and State Chemical Assessment Teams (MN CAT). In addition, the Army National Guard 55th Civil Support Division and/or MN CAT may be available to respond to the scene of an incident in which the chemical contaminate is unknown or mitigation exceeds the response capability of DCSOT. The 55th Civil Support Division and MN CAT can be contacted through the State Duty Officer. IX. Plan Updating and Distribution A. For purpose of this plan, the Apple Valley Emergency Management Director shall serve as the planning coordinator. As such, the director will have overall authority and responsibility for the maintenance of the plan and for the exercise from time-to-time of portions of the plan as deemed appropriate by the director, city administrator and mayor. 9. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN B. This plan will be reviewed and updated as necessary, but at least once annually. The Apple Valley Emergency Management Director will be responsible for ensuring that this updating occurs. In order to carry out this task, the director may request assistance from the Dakota County Emergency Management Director. C. This plan will be distributed to all City of Apple Valley government departments which have emergency assignments in the event of a major disaster in the City of Apple Valley and it will be placed on the City's in-house computer network which may be accessed by all employees who have a need for computer access to the plan in the workplace. E 's �o 6 " I t 7 � S a i i 10. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex A Warning and Notification I. Purpose To provide an overview of the responsibilities and the procedures whereby the notification of key City of Apple Valley personnel and the warning of the general public are accomplished. II. Responsibilities A. The Dakota Communications Center is the Dakota County Warning Point. The County Warning Point is responsible for relaying emergency notifications to the Police Department, which serves as the City of Apple Valley Warning Point. B. As the City of Apple Valley Warning Point, the Apple Valley Police Department is responsible for ensuring that all warnings and notifications it receives are handled properly. C. Upon receipt of an emergency notification, the City of Apple Valley warning point is responsible for: 1. Notifying the appropriate City of Apple Valley government officials. 2. Activating the City of Apple Valley's outdoor warning sirens when appropriate. 3. In certain instances assisting in contacting private and/or public facilities (hospitals, industries, nursing homes, etc.) III. Type of Warning The outdoor siren warning system may be used to warn the public in many types of disasters. This includes, but is not limited to, tornadoes, explosions, radiation accidents, chemical accidents, floods, etc. Members of the public should turn on their radio or television for specific instructions. In addition, the local cable television channel may be used to alert the public. Most often the outdoor siren warning system will be used to inform the public of severe summer weather. A. Test-First Wednesday of each month- 1:00 P.M. B. Tornado Watch — Weather conditions are favorable for the formation of tornadoes. Sirens will not be sounded for Tornado Watches. C. Severe Thunderstorm Watch — Weather conditions are favorable for the formation of severe thunderstorms including high winds and large hail. Sirens will not be sounded for Severe Thunderstorm Watches. 11. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN D. Severe Thunderstorm Warning — Severe thunderstorms have been sighted or indicated on radar. Sirens will be sounded for Severe Thunderstorm Warnings effecting Apple Valley that are issued by the National Weather Service. E. Tornado Warning= A Tornado or funnel aloft has been sighted or indicated on radar. Sirens will be sounded for Tornado Warnings effecting Apple Valley that have been issued by the National Weather Service. Attachments 1. EOP Resource Manual Includes: - Siren Location Description - Department/City Official Rosters 12. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN IV. Organization Chart C City of Apple Valley of Apple Valley Warning Point (Apple Valley Police Department) V. Supporting Documents The Apple Valley Warning Plan covers notification procedures for hazards, and is on file in the Dakota County Emergency Management Director's Office. 13. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex B Direction and Control L Purpose A. To describe direction and control of the City of Apple Valley in response to disasters. II. Responsibilities A. Mayor: The Mayor will be responsible for providing direction and control of City resources involved in the response to a disaster. The line of succession to the Mayor is as follows: 1. Mayor 2. Mayor Pro Tem/Acting Mayor 3. Apple Valley City Council 4. Apple Valley City Administrator B. City of Apple Valley Emergency Management Director: The Apple Valley Emergency Management Director will serve in a staff capacity to the Mayor and City Administrator. The Emergency Management Director will coordinate all aspects of this plan. The line of succession to the Emergency Management Director is as follows: 1. Emergency Management Director/Police Chief 2. Fire Chief 3. Police Captain 4. Deputy Fire Chief III. City of Apple Valley Emergency Operations Center(EOC) A. Direction and control of the City's response to a disaster will be carried out at the Apple Valley Emergency Operations Center (EOC). The EOC is located in the lower level of the Municipal Center at 7100 147th Street West. If for some reason the EOC is not usable at the time of a disaster, then Fire Station#1, located at 15000 Hayes Road,will serve as the alternate EOC. B. Criteria for Emergency Operations Center Activation 1. The degree of Apple Valley EOC activation will be determined by the severity of the emergency as determined by the Emergency Management Director in consultation with the City Administrator and Mayor. 14. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN 2. The EOC may be partially activated due to a potential threat to life or property. This would include but not be limited to: A tornado, flooding, blizzard or a hazardous materials incident/accident that is controlled. 3. The EOC may be fully activated in response to an emergency resulting in a threat to life and property. This would include but not be limited to: A terrorist attack, tornado touchdown or flooding causing damage to the public/private sector and requiring a coordinated response effort, or a hazardous materials incident/accident involving the response of several agencies. C. Responsibility for Emergency Operations Center Activation 1. In the event of a major disaster, the Emergency Management Director, City Administrator and Department Heads would be expected to report to the Emergency Operations Center. It is the responsibility of the Apple Valley Emergency Management Director to ensure that the EOC is activated. D. Staffing of the Emergency Operations Center 1. In the event of a natural or man-made disaster the Mayor will be contacted by the City Administrator and may be requested to report to the Emergency Operations Center. The Mayor will act as liaison between the City Council and City Administrator and will maintain contact with the City Administrator. The Council may be requested to come to the Emergency Operating Center(EOC)by the Mayor. Upon recommendation of the City Administrator and Emergency Management Director, the Mayor and Council may be requested to declare a State of Emergency in order to request State and Federal assistance. 2. The staffing list for the Emergency Operations Center is on file with the Emergency Management Director. Each department or agency represented in the Emergency Operations Center is responsible for ensuring that its representative is familiar with the duties which he/she is expected to perform at the Emergency Operations Center. Each department head will designate an alternate. The names of the department heads and alternates are shown in the Resource Manual. 15. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN E. Emergency Operations Center Equipment/Supplies 1. The Emergency Management Director is responsible for ensuring that the Emergency Operations Center is operational and the necessary maps, displays, tables, chairs, office supplies and communication equipment are on hand and available for use in the Emergency Operations Center. F. Communication Capability of the Emergency Operations Center The Emergency Management Director is responsible for ensuring that all communication systems (primary and alternate) are operational and communication links between response personnel and EOC are identified. The communications capability of the EOC is as follows: 1. Apple Valley EOC to other municipalities within the county via police radio, fire radio, land-line telephone, cellular telephone, state law enforcement computer system and fax machine. 2. Apple Valley EOC to the Dakota County Emergency Operations Center via police radio, fire radio, land-line telephone, cellular telephone, state law enforcement computer system and fax machine. 3. Apple Valley EOC to Fairview Ridges Hospital and the Apple Valley Medical Clinic via land-line telephone, cellular telephone and fax machine. 4. Apple Valley EOC to state and regional EOCs via police radio, fire radio, land-line telephone, cellular telephone, state law enforcement computer system and fax machine. 5. Apple Valley EOC to ALF Ambulance service via police radio, fire radio, land-line telephone, cellular telephone and fax machine. 6. Apple Valley EOC to City of Apple Valley department (field) units via police radio, fire radio, cellular telephone, Public Works radio, CAD computer link (police and fire) and pagers. 7. Apple Valley EOC to the National Weather Service via the Dakota County Sheriff s Department or State Duty Officer or via land-line or cellular telephones. G. Communication Vehicle 1. The City of Apple Valley will rely on public safety vehicles currently in operation for basic communications as well as a special command van housed at Fire Station#1 capable of communicating via radio and cell phone. 16. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN H. The Apple Valley Municipal Center has a back-up diesel powered generator capable of supplying electrical power for all essential functions at the Municipal Center including the operation of the EOC in case of power failure. The alternate EOC, Apple Valley Fire Station#l, also has a backup generator capable of supplying electrical power for all essential functions at this alternate EOC. These generators are tested monthly. I. National Incident Command System 1. In accordance with the February 28, 2003 Presidential Directive and instructions received from the Minnesota Department of Homeland Security and Emergency Management, operations in times of emergency within the City of Apple Valley requiring large scale mobilization of city resources will be conducted using the National Incident Command System (NIMS). Apple Valley emergency response personnel will be trained in the NIMS Command System. Command Operations Planning Logistics Finance/ Administration IV. Supporting Documentation A. The following support materials are kept on file in the Emergency Management Director's office: 1. Resource Manual for lists of equipment and supplies. EOC Staff Mayor Deputy Fire Chief Council members (as directed by the Mayor) Parks and Recreation Director City Administrator EOC Security(police officers as needed) Assistant City Administrator Clerical Support Staff(as needed) Emergency Management Director City Attorney Fire Chief Community Development Director Public Works Director Finance Director Police Captain Human Resources Director City Clerk ALF Ambulance Administrator 17. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex C Emergency Public Information 1. Purpose To provide an overview of how emergency public information will be disseminated in the event of a major emergency/disaster. Il. Spokesperson The official authorized to serve as the public information officer(PIO) for the City of Apple Valley is the Mayor. If the Mayor is unavailable,the City Administrator will serve as the PIO, or at the City Administrator's direction the Emergency Management Director will serve as the PIO. These individuals would be given access to all information necessary to carry out their role as PIO for the City. III. Policies and Procedures A. If it becomes necessary to establish a news briefing room, the council chambers will be used for this purpose. News media personnel will be asked to report to this facility. B. In the event of a protracted disaster/emergency, news releases would be issued on a regular basis. C. Public information will be disseminated through the following media: 1. WCCO (Radio and Television) 2. KSTP (Radio and Television) 3. KMSP (Television) 4. KARE (Television) 5. Local Cable Television 6. St. Paul Pioneer Press Newspaper 7. Minneapolis Star Tribune Newspaper 8. SunThisWeek Newspaper 9. City of Apple Valley internet web site 18. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex D Search and Rescue 1. Purpose To describe in general how search and rescue will be accomplished in the City of Apple Valley following a disaster. Il. Responsibility The Apple Valley Fire Department has the primary responsibility for search and rescue. Back-up assistance for search and rescue would be available from the Apple Valley Police Department. III. Supporting Agencies/Organizations A. The following government and volunteer organizations may be available to assist with a major rescue operation. 1. Dakota County Sheriff's Department 2. Surrounding Police and Fire Departments 3. Minnesota State Patrol Aircraft 4. The Civil Air Patrol may be available to assist in looking for missing persons. 5. Red Cross 6. Apple Valley Boy Scouts 7. Apple Valley American Legion 8. Search Dog Rescue Association 19. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex E Health/Medical I. Purpose To provide an overview of how the health/medical care needs of residents would be met in the event of a major disaster. 11. Primary Responsibilities A. Hospital Care: Injured victims would be transported to Fairview Ridges Hospital or other hospitals as the capabilities of the hospitals dictate. Hospitals that could be utilized minimally include: 1. Fairview Ridges Hospital, Burnsville 2. Fairview Southdale Hospital, Edina 3. Regions Hospital, St. Paul 4. Hennepin County Medical Center (HCMG), Minneapolis 5. United Hospital, St. Paul 6. Northfield Hospital,Northfield 7. Regina Hospital, Hastings ISD 196 schools located in Apple Valley could be used as emergency treatment centers for mass casualties and disease outbreaks. Coordination and the delivery of medical services in such an instance would be the primary responsibility of the Dakota County Health Department. B. Ambulance Service: The following ambulance services would be used to transport disaster victims: 1. ALF 2. Burnsville Fire 3. Health East C. First Aid: The Apple Valley Medical Center, Health Partners Clinic and Fairview Clinic would be available to provide immediate first aid to disaster victims suffering minor injuries. D. Emergency Mortuary Operations, including establishing temporary morgues and identifying victims, would be the responsibility of the Hennepin County Medical Examiner. Two funeral homes are located within the city. E. Health Threats: Serious potential or actual health problems (epidemics, food and or water contamination, etc.) associated with a disaster would be the responsibility of the Dakota County Health Department with assistance from the Minnesota Department of Health. 20. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN F. Inquiry and Referral Service would be the responsibility of. 1. Red Cross, St. Paul, Minnesota Chapter III. Coordination A. If a serious disaster resulting in multiple casualties occurs in the City of Apple Valley, overall coordination of the various health/medical organizations' response to the disaster would take place at the Apple Valley Emergency Operations Center. ALF Ambulance, Burnsville Ambulance and Health East Ambulance are equipped with communications equipment capable of communicating with each other, hospitals, and the Apple Valley Emergency Operations Center. IV. Supporting Plans and Personnel A. Fairview Ridges Hospital, Fairview Southdale Hospital, Regions Hospital, HCMC Hospital, Regina Hospital and Northfield Hospital maintain disaster plans and chemical emergency plans. B. The above named hospitals have established procedures as to which hospital an injured victim should be transported to and have decontamination facilities. C. ALF Ambulance, Health East Ambulance and Burnsville Ambulance have entered into mutual aid agreements. D. The EOP Resource Manual contains lists of pharmacies, sources of medical supplies,hospitals, clinics, ambulance services, and other health support services. V. State Supporting Personnel A. Support is available from the Minnesota Department of Health and the Dakota County Health Department in responding to serious radiation incidents, as well as other major health threats. (See the Radiological/Hazardous Materials Protection Annex). B. Support is available from the state hazardous materials response team and the Army 55th Civil Support Team, in the event of a catastrophic hazardous materials incident, through the State Duty Officer. VI. County Supporting Personnel A. Support is available from the Dakota County Special Operations Team, in the event of a hazardous materials incident, through the Dakota County Sheriffs Office dispatcher. 21. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex F Evacuation and Traffic Control L Purpose To outline how evacuation and traffic control would be carried out if they are required due to disaster in the City of Apple Valley. II. Responsibility The Apple Valley Police Department will be responsible for coordinating any large-scale evacuation that might be required. Backup assistance for evacuation and traffic control will be available from the Apple Valley Fire Department as well as other law enforcement agencies in Dakota County. III. Procedures A. Residents to be evacuated will be notified of the need to evacuate by radio, television, cable television and police loud speakers as appropriate. B. Law enforcement personnel will establish traffic control points if needed at major intersections within the city. Major arterial roadways would be used including Dakota CR#42, State Hwy 77, Dakota CR #46, Dakota CR#31 and Dakota CRO 8. C. Mobility-impaired individuals unable to evacuate themselves will receive assistance from DARTS and the ISD 196 Transportation Department. IV. Resources Available A. ALF Ambulance Service vehicles would be available, if needed, to evacuate non- ambulatory individuals. B. ISD 196 could provide buses, as could MN Valley Transit if needed, to assist in the evacuation process. 22. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex G Fire Protection I. Purpose To summarize how fire protection is provided in the City of Apple Valley. II. Responsibility Fire protection in Apple Valley is provided by the Apple Valley Fire Department. This is a volunteer (paid on call) department, which has approximately 80 members and three fire stations strategically located in the community. III. Mutual Aid Agreements A. The Apple Valley Fire Department participates in 12 mutual aid agreements that involve other fire departments including: Eagan, Burnsville, Lakeville, Rosemount, Hastings, Inver Grove Heights, Mendota Heights, West St. Paul, South St. Paul, Farmington, MAC Fire. Written mutual aid agreements and lists of equipment are on file with the Apple Valley Fire Chief. IV. Communication Capability A. Apple Valley Fire Department vehicles are equipped with radio communications equipment capable of radio communication on the following channels. 1. Apple Valley Fire 2. Statewide Fire 3. Fire Ground Tactical 4. Dakota County Sheriff 5. ALF Ambulance 6. Burnsville Fire 7. Burnsville Police 8. Lakeville Fire 9. Lakeville/Farmington Police 10. Farmington Fire Additionally, communication over the Metro 800 MHz system can be accomplished through the Apple Valley Police Department communications center. V. Supporting Documentation A. Apple Valley Fire Department Standard Operating Procedures. B. Radio Frequency list as part of the Resource Manual. 23. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex H Damage Assessment 1. Purpose To provide an overview of how damage assessment would be accomplished following a disaster in the City of Apple Valley. II. Responsibilities A. The Apple Valley Emergency Management Director is responsible for: 1. Assembling a damage assessment "team" composed of municipal and/or private sector agency representatives. 2. Maintaining the procedures to be followed for damage assessment. 3. Coordination of the damage assessment process (following the occurrence of a disaster). B. Apple Valley government officials who, depending upon the nature of the disaster, may participate in a damage assessment effort include: 1. Engineer/Public Works Director 2. Building Inspectors 3. Finance Director 4. Community Development Director C. County government officials who could also potentially participate in a damage assessment effort include: 1. Emergency Management Director 2. Engineer 3. Assessor D. Private Sector Agencies 1. Private/nonprofit sector agencies that might be available and that might be appropriate participants in a damage assessment effort include: a) Red Cross, St. Paul, Minnesota Chapter b) Realtors/ Insurance Adjustors III. Policies and Procedures A. A damage assessment effort will be initiated as soon as practical following the occurrence of a disaster. B. Where possible and when appropriate, photos will be taken of damage areas, and City of Apple Valley maps will be used to show the location of damage sites. 24. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN C. When damage assessment is carried out in conjunction with a request for state or federal disaster assistance, the Apple Valley Emergency Management Director will contact the County Emergency Management Director, who will coordinate with the Minnesota Division of Homeland Security and Emergency Management (HSEM). D. When practical, the Apple Valley Emergency Management Director and other appropriate local government officials will participate in damage assessment procedure training. IV. Supporting Documents A. For additional information and guidance, refer to: 1. Disaster Response and Recovery: A Handbook for Local Government. Available from the Dakota County Emergency Management Director. 25. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex I Congregate Care 1. Purpose To describe how the congregate care (emergency housing, feeding, clothing, and counseling) needs of Apple Valley residents would be met in the event of a disaster. II. Responsibilities A. The following Apple Valley and/or Dakota County government departments/ private/nonprofit agencies are responsible for ensuring that the congregate mass care needs of disaster victims are met: 1. Emergency housing: Red Cross 2. Emergency feeding: Red Cross/ Salvation Army 3. Emergency clothing: Red Cross / Salvation Army 4. Counseling: Dakota County Health Department / Police Department Chaplains B. Additional Responsibilities 1. Registration of victims: Red Cross 2. Inquiry and Referral (regarding disaster victims): Red Cross / Salvation Army III. Coordination of Congregate Care The Red Cross would be responsible for providing overall coordination of the congregate care function and may be assisted by the City of Apple Valley Parks and Recreation Department. In order to facilitate this coordination, Red Cross would provide a representative for the Emergency Operations Center if needed. The Red Cross has in storage at the Apple Valley Community Center a number of cots and blankets. IV. Supporting Documents A. The following written agreements are on file: 1. Red Cross has written agreements with local churches and schools. 26. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex J Debris Clearance 1. Purpose To describe how debris clearance would be accomplished following a disaster in Apple Valley. 11. Responsibilities The Apple Valley Public Works Department would be responsible for debris clearance. III. Policies and Procedures A. Except in unusual circumstances, removal of debris from private property would be the responsibility of the property owner. B. Debris would be disposed of at available landfill sites and at other locations as approved by the Minnesota Pollution Control Agency. C. If additional debris clearance equipment were needed it could be obtained from Dakota County and from the following nearby communities: Burnsville, Eagan, Apple Valley, Rosemount, Farmington. IV. Supporting Documents A. A list of construction contractors that have debris removal equipment and that are located in Apple Valley is on file with the Apple Valley Public Works Director. B. A list of hazardous materials cleanup contractors may be obtained by contacting the State Duty Officer. C. The following written (or unwritten) debris clearance agreements exist: 1. Public Works Mutual Aid Agreements, on file in the Public Works Director's office. 27. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex K Utilities Restoration I. Purpose A. To provide an overview of how utility services would be restored following a disaster. II. Responsibilities A. The following government agencies/private sector organizations are responsible for providing utility services within the City of Apple Valley. 1. Electrical Service: a) Xcel Energy b) Dakota Electric 2. Gas Service a) CenterPoint Energy 3. Telephone Service a) CenturyLink b) Frontier III. Service Restoration A. In the event of a utility outage due to a disaster, the following offices/agencies should be called in order to restore services: 1. Electrical Service a) Xcel Energy, St. Paul (Phone: Listed in the Resource Manual) b) Dakota Electric Association (Phone: Listed in the Resource Manual) 2. Natural Gas Service a) CenterPoint Energy, St. Paul (Phone: Listed in the Resource Manual) 3. Telephone Service a) CenturyLink(Phone: Listed in the Resource Manual) b) Frontier(Phone: Listed in the Resource Manual) 28. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex L Radiological Protection I. Purpose It is recognized that emergency situations could develop in which Apple Valley residents could be exposed to hazardous and/or radiological materials. Plans are needed to coordinate the response and recovery efforts of the City of Apple Valley to potential transportation accidents, industrial accidents, laboratory radiation incidents, military accidents or war. The purpose of this annex is to outline response to a radiological/hazardous materials accident/incident. II. Response to Radiological/Hazardous Material Accidents/Incidents A. Radiological Incidents/Accidents 1. Within the City of Apple Valley, the Fire Department is responsible for attempting to develop and maintain the radiological protection response capability necessary to minimize the threat to citizens in the event of a radiological accident/incident/enemy attack. The Dakota County Special Operations Team will assist the Fire Department as needed as they have certain specialized capabilities. These capabilities include: monitoring, reporting, assessment, containment, decontamination, and protective actions. Specific responsibilities are as follows: a) Peacetime accidents/incidents. In all likelihood, most peacetime accidents/incidents will be confined to a relatively small area, and will be minor in impact. However, if an accident/incident is beyond the capability of the City of Apple Valley, the Dakota County Emergency Management Director can be called upon for assistance as can the Dakota County Special Operations Team (SOT). If the accident/incident is beyond the capability of the county, the Minnesota Department of Health, Radiation Control Section, has the trained personnel, equipment, and authority to provide assistance. For all accidents/incidents, the City of Apple Valley will be responsible for: 1) controlling the access to the scene; 2) providing medical care for victims: 3) preventing the spread of contamination by people and vehicles: 4) obtaining basic information as to what has happened; and 5) notifying the State Duty Officer. B. Other Hazardous Materials Incidents/Accidents 1. Pre-Identification and analysis of risk. In response to the requirements and recommendations contained in the Superfund Amendments and Re- authorization Act (SARA) of 1986, as well as risk/potential risk sites/location within the City of Apple Valley have been pre-identified. 29. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN a) "Covered facilities." On file in the office of the Fire Chief. (Facilities that possess extremely hazardous materials.) b) Other facilities that may contribute to additional risk due to their closeness to "covered facilities." On file in the office of the Fire Chief. C) Transportation routes for extremely hazardous materials. On file in the office of the Fire Chief. d) Pipelines (as defined in Minnesota Statutes, section 299j). On file in the office of the Fire Chief. 2. Determination that a release of hazardous materials has occurred. Facilities located within the City of Apple Valley that use, store, manufacture or transport hazardous materials are responsible for developing systems and training their employees so as to be able to promptly determine and report that a release of hazardous materials has occurred. Similarly, City of Apple Valley employees who respond to transportation and other accidents/incidents will receive training designed to help them determine if hazardous materials are present. 3. Response to a release of hazardous materials. a) Facilities within the City of Apple Valley that possess extremely hazardous materials are required to develop and maintain a procedure that their employees will follow in the event of a release of those materials. 4. Hazardous Materials Response Capabilities. a) The Fire Department has the primary responsibility for responding to a serious hazardous materials accident/incident. b) City of Apple Valley "first responders" will begin their determination of the area affected by a hazardous materials release by identifying/verifying the hazardous material (s) involved. The Dakota County Special Operations Team (SOT) may also respond. III. State Support A. In the event of a major accident/incident involving radiological materials that is beyond the capabilities of local government, assistance from the Minnesota Department of Health, Radiation Control Section, can be requested. Requests for such assistance should be made to the State Duty Officer. The telephone number for the State Duty Officer is on file at the Dakota Communications Center as well as in the Resource Manual contained within this document. 30. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN B. In the event of other hazardous materials accidents/incidents that are beyond the capabilities of local government, assistance from the state hazardous materials response team can be requested. Such requests should be submitted to the State Duty Officer. In addition, the Army 551h Civil Support team may be a resource and may be contacted through the State Duty Officer. IV. Federal Support A. In the event of a hazardous materials accident/incident that is beyond the capabilities of local and state government, the national regional response team can be requested. Requests for such assistance should be made to the State Duty Officer. B. Reimbursement of cost for a hazardous materials response may be available through the U.S. Environmental Protection Agency. To be eligible for reimbursement, the National Response Center must be contacted within 24 hours through the Minnesota State Duty Officer. 31. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex M Legal I. Purpose To describe how necessary legal advice will be made available to Emergency Management officials during an actual emergency. 11. Responsibility The staff of the City Attorney's Office will provide legal advice to the Emergency Management staff and will assist in planning for continuity of government operations. The City Attorney's Office will assist in the drafting of emergency laws and will examine federal, state and local laws concerning emergency operations to assure a solid statutory basis for Emergency Operations activities. I11. Policies and Procedures The City Attorney's Office will appoint at least one representative to act as a liaison to the Emergency Management staff. This person will report to the EOC if requested by the City Administrator and Emergency Management Director. IV. Resources Available/Supporting Plans The designated representative to the EOC staff will be able to communicate by telephone and fax with his/her own office as well as the office of the Dakota County Attorney and other designated agencies. The City shall maintain a printed updated set of Minnesota Statutes within the police station that will be available to the Emergency Operations Center if needed. 32. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex N Administration I. Purpose To provide for the performance and continuity of executive duties and develop a capability for non-military defense to meet the needs of the administration of the City during a nuclear attack or peacetime disaster. 11. Organization/Responsibilities A. The Administration shall consist of the City Administrator, the Emergency Management Director, their deputies and other support personnel assigned as needed. B. Responsibilities are delineated as follows: 1. The City Administrator will pre-position and maintain record keeping forms for emergencies and provide for general supply functions for operations in the City in an emergency. He/She shall exercise all general administration responsibilities for the City. 2. The Emergency Management Director, under the overall direction of the City Administrator,has the direct responsibility for the development and direction of all emergency plans and operations within the guidelines established by State Statutes, the City Code and approved plans. 3. The City Administrator shall insure that all necessary arrangements are in place for continuing government functions and reconstituting government, including the safeguarding of necessary City records. 33. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex O Fiscal I. Purpose To describe the method for documenting obligations and insuring payments are made for such obligations incurred during and emergency situations. II. Responsibilities A. The City Finance Department will record all legal obligations incurred during an emergency. B. Establish procedures for redemption of requisitions,purchase orders, etc. III. Organization The City Finance Department will staff this function under the direction of the City Finance Director. IV. Support Documents - City of Apple Valley Purchasing Policy 34. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex P Communications I. Purpose To ensure continuity and effectiveness of internal and external communications using available technology. II. The Police Department will provide for a coordinated communications system which is operational. Components of this system include some or all of the following: - Police Radios - Fire Radios - Public Works Radios - Telephone Pagers - Landline Telephones - Cellular Telephones - FAX Machines - Internet E-mail The Police Captain and Dakota Communications Center will assure that all facilities and equipment will be ready and able to operate during an emergency. 35. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex Q Law Enforcement L Purpose To describe who is responsible for maintaining necessary police services in an emergency. To identify emergency related responsibilities assigned to this Annex. II. Responsibility In addition to the provision of routine essential police services, the Apple Valley Police Department will be responsible for the following disaster related activities: A. Security in a stricken area B. Traffic control with assistance from the Fire Department when possible C. Warning D. Assisting the Fire Department with rescue activities when possible E. Maintenance of law and order F. Emergency Operations Center security III. The Police Captain or his designee will be responsible for the overall direction of police personnel. The police captain will take charge of the situation and set up a command post as close as practical to the scene of the emergency. The first officer on the scene will take charge until relieved by a police sergeant or other supervising officer of higher rank. If the captain is needed in a staff capacity at the Emergency Operations Center,he or she will appoint a sergeant to establish and maintain and operational command post. 36. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex R Fuel/Vehicle Service I. Purpose To provide an overview of the procedure for assuring adequate vehicle resources for use in an emergency and to identify the available sources of fuel and allocation of same for emergency operations. II. Responsibilities The Fleet Maintenance Supervisor will have the responsibility for these duties under the direction of the Public Works Director and the Emergency Management Director. Specific responsibilities include: A. The identification of available supplies of fuel B. The maintenance and updating of critical supply lists C. The maintenance of a parts inventory to sustain normal vehicle operation D. The coordination of fuel supplies/vehicle repair activities E. Ensuring that all non-essential activity is suspended during an emergency so that resources can be devoted to resolving the emergency F. Establish allocation criteria for critical supplies and provide this information to Emergency Management staff. III. Coordination/Organization The Fleet Maintenance Supervisor will have responsibility for coordinating activities under the direction of the Public Works Director and the Emergency Management Director. Additional personnel will be provided from other City departments and volunteers as needed. 37. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex S Transportation I. Purpose To provide an overview of transportation needs in a disaster situation. II. Responsibilities A. To provide and coordinate transportation support for government personnel B. To provide transportation of volunteers and other workers in and out of the disaster area C. To identify and utilize available transportation resources D. To assist in evacuation when necessary III. Coordination/Organization The Parks and Recreation Department has the primary responsibility for transportation. The ISD #196 Transportation Department is a support agency, as are MVTA and DARTS. 38. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex T Staffing I. Purpose To describe the system for establishing and coordinating staffing needs in a post-attack or peacetime disaster situation. II. Responsibilities To provide for and coordinate emergency staffing needs by: A. Determining labor requirements, recruitment and utilization of labor forces B. Identify recruits and utilize all sources of manpower available C. Serve as advisor to EOC staff and Emergency Management Director D. Maintain personnel records and register all personnel E. Recruit and work with the Emergency Operations Center in the assignment of volunteer personnel III. Coordination/Organization The Human Resources Director has primary responsibility. He/She shall appoint staff as needed to assist the Emergency Operations Center in mitigating the disaster. 39. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex U Water/Sanitation I. Purpose To describe how water supplies and sanitation would be handled in an emergency situation. II. Responsibilities A. To make available a safe water supply and allocate it to provide for the most essential needs, according to established priorities B. To provide for sanitary disposal of wastes C. Establish control of surface and underground waters for essential uses D. Act as staff advisor to the Public Works Director E. Establish and maintain critical water supplies, labor and equipment III. Coordination/Organization The Public Works Superintendent-Utilities Division is responsible for these duties under the supervision of the Public Works Director and Emergency Management staff. 40. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex V Terrorism 1. Purpose To describe response to levels of terrorist activity threat assessment 11. Responsibility Within the City of Apple Valley, the police department will be responsible for coordinating response to terrorism. I11. Procedures A. Terrorist Threat Advisory System The City of Apple Valley utilizes the Homeland Security Threat Conditions System as established by the federal government. This system provides warnings in the form of a set of graduated threat conditions that would increase as the risk of the threat increases. These threat conditions are color coded by level for easy understanding. The threat conditions internal to the City of Apple Valley may be adjusted by City of Apple Valley officials in instances when threats specific to Apple Valley warrant a change. Residents,city departments and others will be notified of threat level changes via multiple communication pathways such as television, radio, and newspapers. At each threat condition, municipal departments will implement a corresponding set of protective measures to further reduce vulnerability or increase response capability during a period of heightened alert. In addition, information will be provided to citizens and businesses with regard to preparation and cautions as appropriate. This annex describes the threat conditions, information to be given to the public and the general implementation of protective measures by City of Apple Valley departments. Specific implementation strategies will be coordinated between the Emergency Management Director, department heads, city administrator and mayor. It is recognized that each city department is unique in its capabilities and that each department head is in the best position to determine what actions and measures are appropriate for his/her department. Protective measures and activities are recommended actions, not required actions. The following general guidelines apply: ■ The threat/risk goes up with each successive level. ■ Responses are additive; each level incorporates all activities from the previous levels. 41. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN 1. There are five threat conditions, each identified by a description and corresponding color. They are as follows: Threat Level: Green Definition: LOW risk of terrorist attack. Routine security is implemented to preclude routine criminal threats. a) City of Apple Valley departments will: (1) Review and revise current emergency plans as needed. These will include mitigation and contingency planning. (2) Exercise appropriate pre-planned response and protective measures as needed. (3) Assess all City of Apple Valley facilities on a regular basis to mitigate potential vulnerabilities. (4) Ensure that existing security measures such as fencing, alarms, locks and cameras are in place and working properly. (5) Review procedures for receiving and disseminating information to employees and the public with redundancy in both hardware and software. (6) Liaison with law enforcement, fire, infrastructure and other public professionals on an on-going basis. (7) Develop terrorist and security awareness; provide information and educate employees on security standards and procedures. (8) Advise all personnel at each facility to report the presence of unknown personnel, unidentified vehicles, vehicles operated out of the ordinary, abandoned parcels or packages, and any suspicious activities. Report suspicious information immediately to the Apple Valley Police Department. (9) Develop procedures for shutting down and evacuation or shelter in place of facilities. (10) Develop and implement hardware, software and communications security for computer based operational systems. b) Residents will be advised to: (1) Maintain a family emergency supply kit (2) Develop a family communication plan 42. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (3) Continue normal activities (4) Report suspicious activities to the police department C) Businesses will be advised to (1) Conduct business as normal (2). Develop a written emergency operation plan (3) Maintain an updated communication plan for notifying employees (4) Insure redundancy in software/hardware (5) Arrange for employees to take a CPR/AED first aid course 2. Threat Level: Blue Definition: General Risk with no credible threats to specific targets. a) City of Apple Valley departments will: (1) Ensure that response can be mobilized and review facility security plans and procedures including bomb threat, chemical,biological or radiological threat and evacuation procedures. (2) Inspect all perimeter fencing and repair all fence breakdowns. In addition, review all outstanding maintenance and capital project work that could affect the security of facilities. (3) Review all operations plans, personnel details and logistics requirements that pertain to implementing higher threat condition levels. (4) Inspect all CCTV/Video Camera/VCR equipment and intercom systems where applicable to ensure equipment is operational. (5) Review and ensure adequacy of personnel and ID issuance and control procedures. (6) Require each visitor to check in at designated facilities or areas within the facility that are considered key command, control or communications centers or areas that verify their identification. Be especially alert to repeat visitors or outsiders who have no apparent business at the facility or related issues including the facility's personnel. Be familiar with vendors who service the facility and investigate changes in vendor personnel. 43. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (7) Inspect emergency supplies to ensure equipment is in good working order. (8) Provide the public with any information that would strengthen it ability to act appropriately. (9) At regular intervals remind all personnel to be suspicious, inquisitive about strangers, particularly those carrying suitcases or other containers. Watch for abandoned parcels or suitcases and any unusual activity. (10) Review and familiarize staff with the Emergency Operations Center and activation criteria. b) Residents will be advised to: (1) Continue normal activities but be watchful of suspicious activities. Report suspicious activities to the Apple Valley Police Department. (2) Review family emergency plans. (3) Avoid leaving unattended packages or brief cases in public areas. (4) Increase family emergency preparedness by purchasing supplies, food and storing water. (5) Increase individual or family emergency preparedness through training, maintaining good physical fitness and health, and storing food, water and medical supplies. (6) Monitor local and national news for terrorist alerts. C) Businesses will be advised to: (1) Ensure that key leaders are familiar with the emergency operations and business contingency plans. (2) Review, update and routinely exercise functional areas of plans. (3) Review and update the call down list for emergency response teams. (4) Review physical security precautions to prevent theft, unauthorized entry or destruction of property. This may include (a) Employee ID badges (b) Background checks of employees 44. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (c) All security keys marked "Do not duplicate" (d) Surveillance cameras (e) Alarm systems (f) Backup power 3. Threat Level: Yellow Definition: ELEVATED risk of terrorist attack but a specific region of the United States has not been identified. a) City of Apple Valley departments will: (1) Test security and emergency communications protocols. (2) Secure all buildings and storage areas not in regular use. Increase frequency of inspections and patrols. (3) Check designated unmanned and remote sites at more frequent intervals for signs of unauthorized entry, suspicious packages or activities. (4) Reduce the number of access points for vehicles and personnel to a minimum. (5) Do not open suspicious packages. (6) Network with other law enforcement and fire agencies. Liaison with other City of Apple Valley departments. (7) Ensure that personnel with access to building plans are available at all times. Staff needed to implement security plans should be on call and readily available. (8) Implement procedures to provide periodic updates on security measures being implemented. (9) Ensure that an agency or facility response plan can be mobilized appropriately for the increased level of security. Review communications procedures and back-up plans with all concerned. (10) Review with all facility employees the operations plans; personnel safety, security details, and logistics requirements that pertain to implementing increased security levels. Review notification/recall lists. (11) Confirm availability of security resources that can assist with 24/7 coverage as applicable. 45. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (12) Monitor critical facilities and key infrastructure to ensure that they are properly secured. (13) Limit visitor access to key security areas and escort visitors. (14) Instruct employees working alone at remote locations to check in on a periodic basis. (15) Check to ensure that all emergency telephone, radio, intercom and satellite communication devices are in place and operational. (16) Direct all personnel at the facility to secure vehicles by locking them. (17) Implement as appropriate contingency and emergency response plans. (18) Make staff and dependents aware of the general situation in order to stop rumors and prevent unnecessary alarm. b) Residents will be advised to: (1) Continue normal activities but report suspicious activities to the Apple Valley Police Department. (2) Network with family, neighbors, and community for mutual support during a disaster or terrorist attack. (3) Learn what critical facilities are located in your community and report suspicious activities at or near these sites. (4) Contact local officials to learn about specific hazards in your community. (5) Develop a family preparedness kit. (6) Monitor media reports concerning situation. C) Businesses will be advised to: (1) Continue with preparations as outlined under condition Blue (2) Prepare to activate the business emergency operation plan if needed (3) Monitor world events (4) Ensure that appropriate security measures are in place and functioning properly 46. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (5) Instruct employees to report suspicious activities,packages and people (6) Exercise the employee communication plan 4. Threat Level: Orange Definition: A HIGH risk of terrorist attack. Credible intelligence indicates that there is a high risk of local terrorist attack but a specific target has not been identified. a) City of Apple Valley departments will: (1) Move cars and objects (e.g. crates, trash containers) at least 75 feet from buildings where possible. Consider centralized parking. Move automobiles and other non- stationary items from station and terminal perimeters and other sensitive building areas. Identify areas where explosives could be hidden. (2) Close and lock gates and barriers except those needed for immediate entry and egress. Inspect perimeter fences on a regular basis. Ensure that other security systems are functioning and available. (3) Increase security manpower as needed. Provide additional patrol to parking areas and loading docks. Increase surveillance of critical locations. (4) Continue Low, Guarded and Elevated measures or introduce those that have not already been implemented. (5) Reduce facility access points to the absolute minimum necessary for continued operation. Restrict threatened facility access to essential personnel only. (6) Take additional precautions at public events and possibly consider alternative venues or cancellation. (7) Implement centralized parking and shuttle bus service where feasible. (8) Schedule more frequent visits to remote sites and other locations that are potentially impacted. (9) Increase the frequency of call-ins from remote locations. Employees should not work alone in remote areas. (10) Check all security systems such as lighting and intruder alarms to ensure they are functioning. 47. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (11) Identify the owner of all vehicles parked at key command, control or communications areas or other critical areas/ facilities and have all vehicles removed that are not identified. (12) Limit access to designated facilities to those personnel who have a legitimate and verifiable need to enter the facility. Implement a procedure for positive identification of all personnel, allowing no exceptions. Evacuate all non- essential personnel. (13) Review procedures and make necessary preparations to activate command centers. (14) Increase patrolling of facilities. (15) Protect all vulnerable points. b) Residents will be advised to: (1) Resume normal activities but expect some delays,baggage searches, and restrictions as a result of heightened security at public buildings and facilities. (2) Continue to monitor world and local events as well as local government threat advisories. (3) Report suspicious activities at or near critical facilities to the police department by calling 9-1-1. (4) Inventory and organize emergency supply kits and test emergency plans with family members. Reevaluate meeting location based on threat. (5) Consider taking reasonable personal safety precautions. Be alert to your surroundings, avoid placing yourself in a vulnerable situation, and monitor the activities of your children. (6) Maintain close contact with your family and neighbors to ensure their safety and emotional welfare. C) Businesses will be advised to: (1) Announce threat condition HIGH to all employees and explain expected actions. (2) Place emergency response teams on notice. (3) Activate the business emergency operations center if required. Establish ongoing liaison with local law enforcement and emergency management officials. 48. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (4) Monitor world and local events. Pass on credible threat intelligence to key personnel. (5) Ensure appropriate security measures are in place and functioning properly. (6) Instruct employees to report suspicious activities,packages and people. (7) Search all personal bags, parcels, and require personnel. (8) Inspect intrusion detection systems and lighting, security fencing and locking systems. (9) Inspect all deliveries and consider accepting shipments only at off-site locations. (10) Remind employees to expect delays and baggage searches. (11) Implement varying security measures. 5. Threat Level: Red Definition: A SEVERE risk of terrorist attack. A terrorist attack has occurred or credible and corroborated intelligence indicates that one is imminent. Normally this threat level is declared for a specific location or critical facility. a) City of Apple Valley Departments will: (1) Increase security patrol activity to the maximum level sustainable. Increase inspections of public facilities and infrastructure. (2) Postpone or cancel all non-vital facility work conducted by contractors, or continuously monitor their work as applicable. (3) Continue all Low, Guarded, Elevated and High Condition measures or introduce those that have not already been implemented. (4) Implement department specific emergency and continuity plans as appropriate. Reduce restricted area access points to an operational minimum. (5) Augment security forces to ensure absolute control of key command, control or communications centers or areas and other potential target areas. Establish surveillance points and reporting criteria procedures. 49. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (6) Remove unattended, unauthorized vehicles parked with 300 of a building where passengers are loaded or unloaded. (7) Increase or redirect personnel to address critical emergency needs. (8) Search all vehicles and their contents before allowing entrance to facilities. (9) Control access and implement positive identification of personnel. (10) Search all suitcases,briefcases, packages, etc. brought into the facility. (11) Conduct frequent checks of building exteriors and parking areas. (12) Minimize all administrative journeys and visits. (13) Coordinate the possible closing of public access roads and/or facilities with other authorities. b) Residents will be advised to: (1) Report suspicious activities to the police department by calling 9-1-1 for immediate response. (2) Expect delays, searches of purses and bags, and restricted access to public buildings. (3) Take personal security precautions to avoid becoming a victim of crime or terrorist attack. (4) Avoid participating in crowded optional public gatherings such as sporting events and concerts. (5) Do not travel into areas affected by the attack or that are likely to become an expected terrorist target. (6) Keep emergency supplies accessible and automobile fuel tanks full. (7) Be prepared to either evacuate your home or shelter-in- place on order of local authorities. (8) Be suspicious of persons taking photographs of critical facilities, asking detailed questions about physical security or dressed inappropriately for weather conditions. Report these incidents immediately to the Apple Valley Police Department. 50. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN (9) Closely monitor news reports and Emergency Alert System (EAS),radio, TV stations. (10) Assist neighbors who may need help. (11) Ensure that pets can be readied quickly for boarding or evacuation if necessary. (12) Avoid passing unsubstantiated information or rumors. C) Businesses will be advised to: (1) Announce threat condition SEVERE and explain expected actions. (2) Deploy security personnel based on threat assessment. (3) Close or restrict entry to the facility to emergency personnel only and restrict parking areas close to critical buildings. (4) Maintain a skeleton crew of emergency employees. (5) Deploy emergency response security teams. (6) Activate Operations Center(if applicable). (7) Maintain close contact with local law enforcement, emergency management officials and business consortium groups (i.e., Chamber of Commerce). (8) Provide security in parking lots and company areas. (9) Report suspicious activity immediately to the Apple Valley Police Department. (10) Restrict or suspend all deliveries and mail to the facility. Emergency supplies or essential shipments should be sent to an off-site location for inspection. (11) Activate your business emergency/contingency plan. B. The Dakota County Special Operations Team may act in a support function in mitigating potential terrorist activities that may cause damage, injury, or loss of life in Apple Valley. 51. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Annex W Mass Vaccination L Purpose To describe how the City of Apple Valley will assist the Dakota County Public Health Department within the city of Apple Valley if mass vaccination clinics are needed in case of a bioterrorism attack or natural disease epidemic. II. Responsibilities The goal of the Dakota County Public Health Department's preparedness plan is to be able to immunize all residents of an area within a few days in the case of an incident involving a biologic agent or disease epidemic. The Dakota County Public Health Department is responsible for the coordination of this emergency. The role of city departments is to assist the Dakota County Public Health Department. The primary city departments that will be responsible for assisting the Dakota County Public Health Department will be the Apple Valley Police Department and the Apple Valley Fire Department. City assistance, however, is not limited to these departments. The police department and fire department will work collaboratively to perform the following roles: A. Transportation of Vaccines The Apple Valley Police Department will assist in the transportation of vaccines to the administration site if needed. B. Security The Apple Valley Police Department has primary responsibility for the following: I. Monitoring the clinic flow and to assure that persons remain orderly 2. Providing necessary control if persons become unruly 3. Assisting the Dakota County Public Health Department supply officer in maintaining security of vaccine and other clinic supplies. III. Public Notification Public notification for a mass vaccination will be the responsibility of the Dakota County Public Health Department. City departments will assist the Dakota County Public Health Department whenever possible in notifying residents of Apple Valley. 52. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN A. Public notification resources available include: - Radio - Television - Cable Television - Newspaper - US Mail - City Web Site - County Web Site IV. Traffic Control The Apple Valley Police Department and Apple Valley Fire Department will collaborate to ensure an orderly flow of pedestrian and vehicle traffic to and from the vaccination site. It is recognized that the timely flow of the traffic will be dependent upon the ability of the Dakota County Public Health Department to process people through the vaccination center. A. In performing these roles, the police and fire departments may be assisted by: 1. Other police departments 2. Other fire departments 3. Dakota County Sheriff s Department 4. Other law enforcement agencies 5. Apple Valley Public Works Department 6. Other Apple Valley city staff 7. Community volunteers 8. Minnesota National Guard V. Plan Flexibility The Dakota County Public Health Department has a vaccination plan that can be expanded to reflect the size of the vaccination target population. This could mean that mass vaccination sites may be limited to just one high school within a given area of the county or multiple high schools throughout the county. A metro area plan has been developed by the Minnesota Department of Health and the county health departments that identifies 24 vaccination centers that may be set up to vaccinate those in the Twin Cities metro area. Three of these would serve the Dakota County population. They are located in the following cities: 1. Inver Grove Heights (Simley High School) 2. Rosemount (Dakota County Technical College) 3. Apple Valley(Apple Valley High School) 53. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Note: The law enforcement Mutual Police Assistance Agreement in Dakota County allows for assistance to a requesting law enforcement agency for only a specified period of time before the responding agencies are to charge the requesting agency for services rendered. If there are only three vaccination centers within the county, and one is the Apple Valley High School, it would be necessary for the Apple Valley Police Department to request assistance from other law enforcement agencies within Dakota County. If it is anticipated that this mass vaccination will last longer than 48 hours, then this portion of the Assistance Agreement would have to be revisited and resolved by city officials prior to implementation. Each high school in District 196 could serve as a vaccination center for residents of ISD 196. For residents of Apple Valley, these will be the Apple Valley High School located at 14450 Hayes Road and the Eastview High School located at 6200 140th Street West. This annex will act as a guideline as to how City personnel will assist the Dakota County Health Department. It is recognized that the City response will change depending upon needs as determined by city command staff working with the Dakota County Public Health Department. Nothing in this guideline is meant to establish minimum or maximum personnel engaged in assignments. VI. City Response: Single Site (including residents outside the City) A. Barricades Barricades would be erected at the following intersections to control the flow of traffic: 141" Street & Hayes Road: Intersection blocked off completely 142nd Street &Hayes Road: No left turn...right in&right out 143rd Street & Hayes Road: No left turn...right in&right out 145th Street&Hayes Road: No left turn...right turn only Guthrie Avenue at 140th Street: Blocked off completely Guthrie Avenue at 145th Street: Blocked off completely ** Access to Guthrie Ave will be via Pennock Ave & 142nd Street** B. Signage Temporary No Parking signs will be erected at the following locations: Guthrie Ave,both sides of the street between 140th Street& 145th Street 145th Street, south side of the street only between Pennock&Hayes Hayes Avenue, both sides of the street between 140th Street and CR#42. 54. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Additional signage such as lighted traffic control signs may be secured from the following sources: 1. Dakota County Highway Department 2. MnDot 3. State Duty Officer 4. Private Vendors (Safety Signs, Lakeville/ Geyer Signal, St. Cloud) C. Staffing The duty schedule of members of the police department may change as needs dictate, including placing department members on 12 hour shifts for the duration of the mass vaccination clinic. 1. Police and fire personnel will staff the traffic control points on public roadways. 2. Police personnel will staff security points within the school building. 3. Other government employees, school staff and volunteers may be called upon to staff the parking lot of the school and perform non-security functions within the school. D. Traffic Control Points Staffing at traffic control points by members of the police and fire department include: 1. 145th &Hayes (2) 2. Driveways to the High School (2) 3. Driveway to lee Arena(1) 4. Relief(1) The ice arena driveway/parking lot will be used for buses that may be transporting multiple people for vaccination. ** Traffic Control Points will be expanded beyond these Control Points as traffic flow needs dictate** E. Parking Lot Staffing of the parking lot by police or fire personnel or others (i.e. school staff) will include: 1. Parking Lot (3) 2. Relief(1) ** Golf Carts will be obtained from the Apple Valley Parks & Rec Department** 55. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN F. Communication Communication will take place via public safety radios operating on Apple Valley Police and Fire frequencies. G. Interior Security Security for the vaccination site will be provided by sworn peace officers and include: 1. Uniformed police officers (2) H. Command The Apple Valley Fire/Police Incident Command Van will be positioned in front of the Ice Arena. It will be staffed by the Police Chief and Fire Chief or their designees. I. Ancillary Services The Apple Valley Parks &Recreation Department will be responsible for: 1. Supplying food and beverage for Apple Valley City personnel as well as police and fire personnel from other cities that are assisting. 2. Relief for city workers will be provided by members of their departments. 3. Portable toilets will be brought on site if needed and arranged through the City Public Works Director J. Other Responsibilities The Dakota County Public Health Department will be responsible for: 1. Public Notification 2. Pre-vaccination screeners 3. Medical personnel 4. Language translators 5. Vaccination of the ambulatory and frail 6. Stationing of ambulances 7. Signage within the building 8. Facility layout, organization and interior flow 9. Support equipment such as furnishings, office equipment and disposal of biohazard waste 56. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN VII. City Response: Multi Site (Apple Valley High School and Eastview High School) Apple Valley High School The multi-site response plan for Apple Valley High School includes all or portions of the response plan for a single site. The degree to which the response will take place will be determined by the number of people and vehicles arriving at the vaccination center at any given time. Eastview High School A. Barricades Barricades will be on hand as needed. They are located directly across the street at the Central Maintenance Facility adjacent to the school site. B. Signage Temporary No Parking Signs will be erected at the following locations: 140th Street both sides of the roadway between Johnny Cake Ridge Road and Galaxie Avenue. Additional signage such as lighted traffic control signs may be secured from the following resources: 1. Dakota County Highway Department 2. MnDot 3. State Duty Officer 4. Private vendors C. Staffing The duty schedule of members of the police department may change as needs dictate including placing department members on 12 hour shifts for the duration of the mass vaccination clinic. Police and fire personnel will staff the traffic control points on public roadways. Other government employees, school employees and volunteers may be called upon to staff the parking lot of the school and perform non-security functions within the school. 57. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN D. Traffic Control Points Minimal staffing by members of the police and fire department include: 1. 140 ' &Flagstaff Avenue (2) 2. Eastern entrance to EVHS on 140th Street(3) 3. Relief(1) E. Parking Lot Staffing of the parking lot by police or fire personnel or others will include: 1. Upper parking lot: (3) 2. Lower parking lot: (3) F. Communication Communication will take place via public safety radios operating on Apple Valley Police and Fire frequencies. G. Interior Security Security for the vaccination site will be provided by sworn peace officers and include: 1. Uniformed police officers (2) H. Command A police supervisor and fire supervisor will be on hand to direct operations. L Ancillary Services The Apple Valley Parks &Recreation Department will be responsible for: 1. Supplying food and beverage for City personnel as well as police and fire personnel from other cities that are assisting. 2. Relief for city workers will be provided by members of their departments. J. Other Responsibilities The Dakota county Health Department will be responsible for: 1. Public Notification. 2. Prevaccination screeners 3. Medical personnel 4. Language translators 5. Vaccination of the ambulatory and frail 58. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN 6. Stationing of ambulances 7. Signage within the building 8. Facility layout, organization and interior flow 9. Support equipment such as furnishings, office equipment and disposal of biohazard waste 59. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN RESOURCE MANUAL CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN DATA PRACTICES WARNING Information contained in the City of Apple Valley, Emergency Operations Plan Resource Manual (Resource Manual), is classified as both"Public" and "Private" data on the individuals pursuant to the Minnesota Government Data Practices Act. Data classified as "public" is accessible to anyone upon request to the City's responsible authority. Data classified"Private" is accessible to those city staff that have a job need for the information, to the subject data, and to those whom the data subject has given their informed consent. City Staff in possession of the Resource Manual are to maintain it in a secure location to insure that the information is not accessed by unauthorized persons, or outside the procedures established by City Policy and State Law. CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN NOTE: City department heads are responsible for maintaining lists of contact telephone numbers and addresses for their employees. IMPORTANT FACILITIES LIST DAKOTA CO. EMERGENCY MGMT. GAS SUPPLIES/TIRES DIRECTOR Marathon (952)891-2945 Dan Carlson (952)215-8422 A.V.Goodyear(Tires) (952)432-3262 STATE DUTY OFFICER UTILITIES (651)649-5451 Dakota Electric (651)463-6212 Emergency (651)463-6201 CentNATIONAL WEATHER SERVICE Xcel Energy Energy (612)372-5050 Xcel Energy (612)321-7473 (952)361-6708 Northern Natural Gas (651)463-7126 Charter Communications (800)581-0081 POLICE DEPARTMENTS 911 CenturyLink (800)244-1111 State Patrol (651)282-6871 Frontier Telephone (952)435-1504 See Attached DCC Phone Number Matrix Magellan (952)431-6800 Gopher State One (651)454-8388 HOSPITALS Call Before You Dig (651)454-0002 Fairview Ridges (952)892-2000 PUBLIC INFORMATION United Hospital (651)241-8000 Apple Valley Medical Center (952)432-6161 WCCO 4 (612)339-4444 Regions Hospital (651)254-3456 WCCO 8300 RADIO (612)370-0611 Hennepin County Medical Center (612)873-3000 KMSP FOX 9 TV (952)944-9999 UPN 29 TV (952)944-9999 HIGHWAY DEPARTMENT K11 Tv (763)546-1111 KSTPSTP 5 TV (651)646-5555 State Patrol (651)282-6871 KSTP 1500 RADIO (651)647-1500 Dakota County (952)891-7100 Charter Communications (800)581-0081 MNDOT (651)296-3000 SunThisWeek Newspaper (952)894-1111 Star Tribune Newspaper (612)673-4000 MAC/AIRPORT St.Paul Pioneer Press (651)222-1111 Director (612)725-6464 Police Dispatch (612)726-5577 SCHOOLS District 196 (651)423-7700 SUPPLY Cedar Park Elementary (952)431-8360 Salvation Army (651)771-0510 Diamond Path Elementary (952)423-7695 Red Cross (612)871-7676 Greenleaf Elementary (952)431-8270 24hr Emergency (651)291-6789 Highland Elementary (952)423-7595 Southview Elementary (952)431-8370 FIRST AID/MEDICAL SUPPLIES Westview Elementary (952)431-8380 Falcon Ridge Middle (952)431-8760 Walgreen's (952)432-4949 Scott Highlands Middle (952)423-7581 Valley Middle (952)431-8300 Apple Valley High (952)431-8206 Eastview High (952)431-8900 School of Environmental Studies (952)431-8750 CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN HAYES PARK ARENA (952)953-2365 APPLE VALLEY SCHOOL ARENA (952)953-2366 POST OFFICES Apple Valley (800)275-8777 Burnsville (800)275-8777 Lakeville (800)275-8777 TOWING Dick's Valley Service (952)432-2848 CELLULAR Nextel (800)390-7545 PREPARED FOOD Arby's (952)432-9574 Andy's Market (952)432-2778 Bruegger's Bagels (952) 891-2422 Domino's Pizza (952)423-2424 Famous Dave's (952)891-6400 KFC (952)431-5414 McDonald's (952)432-2185 Papa John's Pizza (952)891-2929 Rascal's (952)431-7777 Subway 150'h St. (952)891-1600 Taco Bell (952)953-4553 Wendy's (952)432-2788 CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN CITY STAFF LIST NOTE: Phone numbers and home addresses for the below listed individuals are on file with each department head, the City Administrator, and within the EOC CITY COUNCIL Mayor Mary Hamann-Roland Councilmember Tom Goodwin (Mayor Pro Tem) Councilmember Ruth Grendahl Councilmember John Bergman Councilmember Clint Hooppaw STAFF City Administrator Tom Lawell Alternate: Assistant City Administrator Charles Grawe Finance Director Ron Hedberg Alternate: Assistant Finance Director Cathy Broughten Parks and Recreation Director Barry Bernstein Alternate: Park Maintenance Superintendent Tom Adamini Public Works Director Todd Blomstrom Alternate: Public Works Superintendent Carol Blommel Community Development Director Bruce Nordquist Alternate: City Planner Tom Lovelace City Engineer Colin Manson Alternate: City Engineer Dave Bennett Liquor Store Manager Scott Swanson Alternate: Store Manager Rick Heyne ALF/Allina Ambulance Administrator: Jeff Czyson Alternate: Kyle Strege Fire Chief Nealon Thompson Alternate: Scott Mattingly Human Resources Manager Melissa Haas Alternate: Human Resources Representative Police Chief Jon Rechtzigel Alternate: Police Captain John Bermel Alternate: Police Captain CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Community Development Succession Department Head: Community Development Director Bruce Nordquist Planner: Tom Lovelace Planner: Kathy Bodmer Planner Maggie Dykes Liquor Leadership Succession Department Head: Operations Manager Scott Swanson Supervisor: Rick Heyne Supervisor: Kathy Drews Parks & Recreation Leadership Succession Department Head: Parks &Recreation Director Barry Bernstein Supervisor: Superintendent Tom Adamini Supervisor: Superintendent Scott Breuer Supervisor: Arena Manager Brian Christianson Supervisor: Jim Zinck Human Relations Leadership Succession Department Head: Melissa Haas Kathy Jo Price Mary Thelen Front Desk: Laura Coleman-Heyne CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN STAFF CONTACT INFORMATION City Administration Tom Lawell Charles Grawe Community Bruce Nordquist Tom Lovelace Development Engineering Colin.Manson Dave Bennett Finance Ron Hedberg Cathy Broughten Fire Nealon Thompson Scott Mattingly Human Resources Melissa Haas Liquor Stores Scott Swanson Rick Heyne CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Parks and Rec. Barry Bernstein Tom Adamini Police Jon Rechtzigel John Bermel Open-Captain Public Works Todd Blomstrom Carol Blommel-Johnson CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN SIREN LOCATIONS Chaparral Park . . . . . . . . . . . . . . . . Chaparral Drive and Sweetwater Drive Wiidwood Park. . . . . . . . . . . . . . . . Herald Way and 138th Court Duchess Park. . . . . . . . . . . . . . . . . . Duchess Lane and Minion Drive Cedar Knolls Park. . . . . . . . . . . . . . Galaxie Avenue and 127th Street Central Maintenance Facility . . . . . 140th Street and Flagstaff Avenue County Road 42. . . . . . . . . . . . . . . . County Road 42 and Galaxie Avenue Huntington Park . . . . . . . . . . . . . . . Pilot Knob Road and Diamond Path Delaney Park. . . . . . . . . . . . . . . . . . 147th Street and Easter Avenue Pilot Knob Road . . . . . . . . . . . . . . . 157t' Street and Pilot Knob Road CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact Information Department: Police Name of the Department Head: Jon Rechtzigel City Phone Number: 952-953-2701 Cell Phone Number: Home Phone Number: Home Address: Name of the First Alternate to the Department Head: John Bermel City Phone Number: 952-953-2704 Cell Phone Number: Home Phone Number: Home Address: Name of the Second Alternate to the Department Head: City Phone Number: Cell Phone Number: Home Phone Number: Home Address: CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact Information Department: Fire Name of the Department Head: Nealon Thompson City Phone Number: 952-953-2605 Cell Phone Number: Home Phone Number: Home Address: Name of the First Alternate to the Department Head: Scott Mattingly City Phone Number: NIA Cell Phone Number: Home Phone Number: Horne Address: Name of the Second Alternate to the Department Head: Dan Engel City Phone Number: NIA Cell Phone Number: Home Phone Number: Home Address: Name of the Third Alternate to the Department Head: Walter Pickup City Phone Number: N/A Cell Phone Number: Home Phone Number: Home Address: CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact information Department: Public Works Department Name of the Department Head: Todd Blomstrom City Phone Number: 952-953-2412 Cell Phone Number: Home Phone Number: Home Address: Name of the First Alternate to the Department Head: Carol Blommel-Johnson City Phone Number: 952-953-2441 Cell Phone Number: Home Phone Number: Home Address: Name of the Second Alternate to the Department Head: Michael Glewwe City Phone Number: 952-953-2430 Cell Phone Number: Home Phone Number: Home Address: CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact Information Department: Finance Name of the Department Head: Ron Hedberg City Phone Number: 952-953-2540 Cell Phone Number: Home Phone Number: Home Address: Name of the First Alternate to the Department Head: Cathy Broughten City Phone Number: 952-953-2547 Cell Phone Number: Home Phone Number: Home Address: Name of the Second Alternate to the Department Head: Gail Ripley City Phone Number: 952-953-2523 Cell Phone Number: Home Phone Number: Home Address: CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact Information Department,. Liquor Name of the Department Head: Scott Swanson City Phone Number: 952-953-2560 Cell Phone Number: Home Phone Number: Home Address: Name of the First Alternate to the Department Head: Rick Heyne City Phone Number: 952-953-2471 Cell Phone Number: Home Phone Number: Home Address: Name of the Second Alternate to the Department Head: Kathryn Drews City Phone Number: 952-953-2525 ext 2, or 2527 Cell Phone Number: Home Phone Number: Home Address: CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact Information Department: Engineering Name of the Department Head: Colin Manson City Phone Number: 952-953-2425 Cell Phone Number: Home Phone Number: Home Address: Name of the First Alternate to the Department Head: Dave Bennett City Phone Number: 952-953-2490 Cell Phone Number: Home Phone Number: Home Address: Name of the Second Alternate to the Department Head: Jim Fruechtl City Phone Number: 952-953-2409 Cell Phone Number: Home Phone Number: Horne Address: CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact Information Department: Code Enforcement Name of the Department Head: Bruce Nordquist City Phone Number: 952-953-2576 Cell Phone Number: Home Phone Number: Home Address: Name of the First Alternate to the Department Head: Ben Pierson City Phone Number: 952-953-2571 Cell Phone Number: Home Phone Number: Home Address: CITY OF APPLE VALLEY EMERGENCY OPERATIONS PLAN Emergency Contact Information Depanment: Planning & Community Development Name of the Department Head: Bruce Nordquist City Phone Number: 952-953-2576 Cell Phone Number: Horne Phone Number: Home Address: Name of the First Alternate to the Department Head: Tom Lovelace City Phone Number: 952-953-2572 Cell Phone Number: Home Phone Number: ,Home Address: Name of the Second Alternate to the Department Head: Kathy Bodmer City Phone Number: 952-953-2503 Cell Phone Number: Home Phone Number: Home Address: City of Apple Valley MEMO Public Works Administration TO: Mayor, City Council, and City Administrator FROM: Cheryl Groves, Cemetery/Public Works Coordinator DATE: November 13,2014 SUBJECT: REVISED CEMETERY REGULATIONS Attached for your consideration is a resolution approving minor revisions to Lebanon Cemetery Regulations. The Cemetery Advisory Committee routinely reviews the current regulations in relation to ongoing operational issues for Lebanon Cemetery. The Committee recommended the following changes to the cemetery regulations at their meeting on October 21, 2014. 1. Page 4: Section 11. Interment E. Revision needed to simplify terminology and change from using "Second Burial" or"Third Burial"to using "Subsequent Burial" for additional internments in grave lots and columbarium niches. (This change is made throughout the regulations.) 2. Page 4: Section 11. Interment E. Adds the option of interring two (2) cremains at the same time in an allowed burial within a single grave lot, and a Right of Subsequent Burial fee is applied. This option allows families to be interred together and preserves the aesthetics of Lebanon Cemetery. 3. Page 4: Section Il. Interment. E3, E6, E7, E9, E10, Revision needed to standardize terminology and change from using "Urn" to using "Outer Cremation Burial Container" for a more accurate description. 4. Page 4: Section I1. Interment G. Adds the option of interring two (2) cremains at the same time in a single columbarium niche, and a Right of Subsequent Burial fee is applied. This option allows families to be interred together, and standardizes cremation internment regulations. A copy of the regulations containing the proposed changes is attached to this memorandum. Recommended additions are represented with an underline (underline) and subtractions to the Resolution are represented with a strikethrough (stfikethfo g ) Recommended Action: Adopt the Resolution Approving Revised Cemetery Regulations. clg Attachments c: Todd Blomstrom CITY OF APPLE VALLEY RESOLUTION NO. 2014 - A RESOLUTION APPROVING REVISED CEMETERY POLICIES, RULES, AND REGULATIONS WHEREAS,it is in the best interest of the City of Apple Valley and the residents thereof to maintain policies, rules, and regulations concerning the day-to-day operation and management of the City's Cemetery; and WHEREAS, the Cemetery Advisory Committee has reviewed the current cemetery regulations and recommends revisions as described in Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the revised Cemetery Regulations attached hereto as Exhibit "A" are hereby approved. ADOPTED this 13th day of November, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A Resolution No. 2012 1572014- CEMETERY REGULATIONS CITY OF APPLE VALLEY I. Definitions Authorized Person: The person or persons legally entitled to control the human remains or Cremains provided under Minnesota Statutes Section 149A.80. Cemetery: The entire land area owned by the City of Apple Valley for cemetery purposes located at the southeast corner of County Road 42 and Pilot Knob Road. Cemetery Hours: The Cemetery shall be open from dawn (one half hour before sunrise) to dusk (one half hour after sunset). Cemetery Supervisor: The City employee designated by the Public Works Director to oversee the maintenance and operations of the Cemetery. City: The municipal government of Apple Valley, Minnesota. Columbarium (Columbaria): An above-ground structure with recesses designed for the purpose of interring the Cremains of the deceased. Columbarium Niche(s): An individual recess within a Columbarium, either single or double, designated to contain Cremains of the deceased within a cremation urn or container. Columbarium Single Niche(s): An individual recess within a Columbarium designated to contain the Cremains of one (1) deceased within a single cremation urn or container. Columbarium Double Niche(s): An individual recess within a Columbarium designated to contain the Cremains of two (2) deceased within two (2) cremation urns or containers. Columbarium Niche Front: The granite piece covering the Columbarium Niche. Columbarium Niche Name Plaque: The plaque placed on the Columbarium Niche Front inscribed or embossed with the name of the deceased and other pertinent information. Columbarium Vase: A three-inch bronze vase designed to contain a small arrangement of silk flowers. The vase is attached to the Columbarium Niche Front. Cremains: The ashes of a cremated human body. 1 Cremation Grave Lot(s): A designated parcel within the Cemetery three (3) feet, six (6) inches wide by three (3) feet, six (6) inches long for purpose of containing the Cremains of the deceased. (moved to Outer Cremation Burial Container) Cremation Boulder: A large piece of granite or other suitable material with receptacles designed for the purpose of interring the Cremains of the deceased. Cremation Boulder Single Receptacle: A Cremation Boulder with one receptacle designed to contain the Cremains of one (1) deceased. Cremation Boulder Double Receptacle: A Cremation Boulder with two receptacles designed to contain the Cremains of two (2) deceased. Cremation Boulder Scrolls: The curved bronze pieces placed on the top of a Cremation Boulder cover inscribed or embossed with the name of the deceased and other pertinent information. Disinter/Disinterment: To exhume the remains of the deceased. Expanded Cemetery: The land area purchased by the City of Apple Valley after 1997 for cemetery expansion. Grave Lot(s): A designated parcel, either traditional or cremation, within the Cemetery for purposes of containing the remains of the deceased. Head End: The end of the Grave Lot which is designated for the placement of Markers and Monuments. Inter/Interment: To bury the remains of the deceased. Marker(s): A flat stone or other suitable material set at grade level and inscribed with the name of deceased and other pertinent information. Marker Row(s): Rows containing Traditional or Cremation Grave Lots whereby privileges are granted to memorialize the burial with the installation of a Marker(s). Memorial Bench: A granite bench placed in a feature or common area of the cemetery, or on a Grave Lot in an area dedicated for a bench where no burials have nor will take place. Monument(s): A vertical stone or other suitable material set above grade level and inscribed with name of deceased or family name and other pertinent information. 2 Monument Row(s): Rows containing Traditional or Cremation Grave Lots whereby privileges are granted to memorialize the burial(s) with the installation of a Monument provided two (2) or more Traditional or Cremation Grave Lots are purchased adjacent to each other. Original Cemetery: The land occupied by the Lebanon Cemetery of Apple Valley prior to 1998. Outer Cremation Burial t Container: A container made of concrete, or other suitable material as approved by the Cemetery Supervisor or Designee, for the purpose of containing an urn or cremation container. Outer Traditional Burial Vault Container: A concrete burial vault or concrete grave liner(box), for the purpose of containing a casket. Permitted Plant Stand(s) or Plant Stand(s): A single stake with a pot or pot holder at the top of the stake. Maximum height of a Plant Stand is four(4) feet and maximum diameter of the pot is twelve (12) inches. Required Fees: Applicable fees associated with a Lot/Niche/Boulder purchase, Monument Privilege, Interment/Opening, Monument or Marker Locating, Columbarium Niche Name Plaque, Cremation Boulder Scrolls, Overtime, Weekend/Holiday, Cremation Vault, Right of Second Burial, and Administrative Transfer. Traditional Grave Lot(s): A designated parcel within the Cemetery three (3) feet, six (6) inches wide by ten (10) feet long, or greater, for purposes of containing the remains of the deceased. II. Interment A. No Interment shall be made in the Cemetery except upon approval by the Cemetery Supervisor or Designee. Notice should be given a minimum of 24 hours prior to the time of the intended Interment. B. No Grave Lot, Columbarium Niche, or Cremation Boulder shall be opened nor Interment made until all Required Fees have been paid. Cash and valid check are the only accepted forms of payment. C. All funerals shall be under the direction of the Cemetery Supervisor or Designee upon entering the Cemetery. D. No casket except for cherubs shall be interred unless enclosed in a concrete burial vault or concrete grave liner(box). No urn shall be interred unless enclosed in an Outer Cremation Burial Container. 3 E. Grave Lots shall not be subdivided for purposes of sale. The City may allow subdivision of Traditional Grave Lots if the City determines at its sole discretion that subdivision is feasible. If a lot is subdivided, a Right of Subsequent(Second Burial, an dor a n;,. Third Burial etc. fee is applied. Traditional Grave Lots may contain a maximum of three (3)burials. Two (2) cremains may be interred at the same time in each allowed burial, and a Right of Subsequent Burial fee applies. Vertical stacking of caskets is prohibited. If more than one burial is made in a single Traditional Grave Lot, the first burial shall be at the Head End of the Traditional Grave Lot. The following-combinations are permitted in any given Traditional Grave Lot. Other combinations may be permitted if approved by the Cemetery Supervisor or Designee and if Required Fees are paid. 1) One adult outer burial container 2) One adult outer burial container and up to two infant cherubs 3) One adult outer burial container and up to two outer cremation burial containerss 4) Up to two child outer burial containers 5) One child outer burial container and up to two infant cherubs 6) One child outer burial container and up to two outer cremation burial containers 7) One child outer burial container, one infant cherub, and one outer cremation burial container 8) Up to three infant cherubs 9) One infant cherub and up to two outer cremation burial containers 10) Up to three outer cremation burial containerss F. Classifications of outer burial container sizes which affect combinations allowed in a Traditional Grave Lot: 1) Adult outer burial container- over four(4) feet in length 2) Child outer burial container- two (2) feet, one (1) inch to four(4) feet in length 3) Infant cherub -two (2) feet and under in length 4) Urn outer burial container—24 inches wide and 24 inches long and under G. Two cremains may be allowed in a single Cremation Grave Lot. A Right of Seeend Subsequent Burial fee applies. Cremains shall be in containers small enough such that both fit in the Outefouter Gfemation cremation burial Cofftai container. The interior of the Outefouter cremation BtIfial burial Container container which may be purchased from the City measures 12.5 inches wide, 8.25 inches deep, and 12 inches high. Interment of the two cremains in a Cremation Grave Lot shall be done at the same time to allow for sealing of the outer burial container. Interment of two cremains in a Columbarium Single Niche is allowed if the cremains are interred at the same time, the cremains fit inside the niche, and the right to a seeend into., ent, gfaf4ed prior-to n ugus� 9, 2012subsequent burial fee is applied. 4 H. The Cemetery Supervisor or Designee may require that planks or plywood be placed over grass or paths when Grave Lots are being opened or closed, when outer burial containers are installed, or when Monuments are erected. I. Interments shall take place between 8:00 a.m. and 4:30 p.m. Later burials are possible with the approval of the Cemetery Supervisor or Designee. Burials after 4:30 p.m. will be charged the Overtime Fee. The City reserves the right to limit the number of burials performed on a single day. J. Burial services may be held at the Grave Lot site. Serving of food or beverage in the Cemetery is prohibited. K. The City does not provide and is not responsible for temporary storage of caskets or urns. L. The City is not responsible for unauthorized Cremains deposited on the Cemetery. M. Occupied Grave Lots, Columbarium Niches, and Cremation Boulders must be marked by a Monument, Marker, Columbarium Niche Name Plaque, or Cremation Boulder Scroll within one year after Interment. No Grave Lot, Columbarium Niche, or Cremation Boulder shall be marked until all Required Fees have been paid. Cash and valid check are the only accepted forms of payment. N. Lots reclaimed from areas within the Original Cemetery shall be used as deemed appropriate at the sole discretion of the City. O No more than four(4)bouquets or sprays are permitted to remain on a Grave Lot following a burial. P Burial Transfers. 1) Parties requesting burial transfers within the Cemetery will incur the costs in accordance with the Fee Schedule Appendix of Title III of the City Code; as well as the financial responsibilities associated with the transfer of the outer burial container and all other associated or related costs. All requests are subject to the approval of the Cemetery Supervisor or Designee. III. Monuments and Markers A. Markers. 1) Markers are permitted in the Cemetery subject to cemetery regulation. 5 2) Nonconforming Markers in place prior to March 8, 2001, may remain. 3) The City is not responsible for the purchase, installation, maintenance, or replacement of any Marker. 4) A drawing of the Marker shall be submitted to the City prior to fabrication for review of material and dimension standards as specified in these regulations. The drawing shall show the width and depth of the Marker; width and depth of the concrete border; and the proposed material, finish, lettering, and carving design to be placed on the Marker. 5) No Marker or any part thereof may be constructed of wood, limestone, sandstone, or any other material which is not approved by the Cemetery Supervisor or Designee. 6) Installation of the Marker shall be performed by the Marker manufacturer or manufacturer's agent. All Markers shall be placed as directed by the Cemetery Supervisor or Designee. 7) The top of the Marker shall be set level with the grade. 8) A concrete border four (4) inches wide and four (4) inches thick is required around all Markers. On Cremation Grave Lots measuring forty- two (42) inches, the Marker's concrete border shall not exceed twenty (20) inches in depth. 9) Markers; including the concrete border, shall not exceed eighty(80) percent of the purchased lot width. 10) A maximum of three (3) Markers is allowed on a single Traditional Grave Lot. 11) A maximum of one (1) Marker is allowed on a single Cremation Grave Lot. 12) Markers may be placed prior to the burial of the deceased. 13) The burden of keeping the Marker in a safe and proper state of repair shall be on the Lot Owner, the heirs or assigns. B. Monuments. 1) Monuments are permitted in the Cemetery subject to cemetery regulation. 2) Nonconforming Monuments in place prior to the City of Apple Valley taking ownership of the cemetery may remain. 6 3) The City is not responsible for the purchase, installation, maintenance, or replacement of Monuments. 4) A drawing of the Monument shall be submitted to the City prior to fabrication for review of material and dimension standards as specified in these regulations. The drawing shall show the width, depth, and height of the Monument and base; width and depth of the concrete foundation; and the proposed material, finish, lettering, and carving design to be placed on the Monument. 5) No Monument or any part thereof may be constructed of wood, limestone, sandstone, or any other material which is not approved by the Cemetery Supervisor or Designee. 6) Installation of the Monument shall be performed by the Monument manufacturer or manufacturer's agent. All Monuments shall be placed as directed by the Cemetery Supervisor or Designee. 7) So far as is practicable, a Monument shall be placed so as to allow and facilitate the use of mechanical cleaning and mowing equipment. 8) Each Monument shall be placed on a concrete foundation which will be a minimum thickness of four(4) inches; the top of the foundation shall be set level with the grade; the base of the Monument shall be a minimum of four (4) inches from the edge of the concrete foundation. 9) No Monument shall be placed on less than two (2) Grave Lots. The maximum monument size allowed is eighty(80) percent of the purchased lot width, or six (6) feet eight(8) inches, whichever is less, including concrete border; and two (2) feet in depth(twenty(20) inches on Cremation Grave Lots), including concrete border; unless otherwise approved by the Cemetery Supervisor or Designee. 10) Monuments in the Expanded Cemetery are only permitted in designated Monument Row(s). 11) Monuments may be placed prior to the burial of the deceased. 12) The burden of keeping the Monument in a safe and proper state of repair shall be on the Lot Owner, the heirs or assigns. IV. Benches 7 A. Benches placed in the Monument space of a Grave Lot in lieu of a traditional Monument will be subject to all of the rules and regulations regarding Monuments. B. Before a Memorial Bench may be placed in a feature or common area of the Cemetery, the absolute ownership and control of the Memorial Bench being placed on a feature or common area must pass to the City. The Cemetery Supervisor or Designee shall determine the need, style, size, color, location, and orientation of placement. C. The family name and first name(s) along with a relationship word as well as "In Memory of..." or "In Loving Memory of..."may be inscribed on any Memorial Bench that has been approved. D. Additional names, dates, epitaphs, engravings, emblems, etchings, carvings, or reproductions of photographs will not be permitted without the writtenapproval of the Cemetery Supervisor or Designee. V. Potted Plants and Decorations A. Potted Plants. 1) All plants must be contained in Permitted Plant Stands. 2) Hanging plants (e.g., shepherd's hooks) and glass containers are prohibited. 3) One Plant Stand is permitted per Grave Lot or Cremation Boulder. One Columbarium Vase is permitted per Columbarium Niche. 4) The location of a Permitted Plant Stand on a grave may be altered by the Cemetery Supervisor or Designee. 5) The City is not responsible for maintenance and care of plants, Plant Stands, and Columbarium Vases. The City is not responsible for stolen plants, Permitted Plant Stands, and Columbarium Vases. The City reserves the right to remove Plant Stands which become unsightly or dangerous on the Grave Lot in which they are situated or to any other Grave Lot, path, or roadway. Plant Stands that are vacant for more than one year are subject to removal. 6) The City reserves the right to remove plants which interfere with routine maintenance of the Cemetery or which become unsightly, overgrown, dangerous, or diseased on the Grave Lot in which they are situated or to any other Grave Lot, path, or roadway. 8 B. Decorations. 1) Wreaths are allowed from November through February. 2) Permanent flags must be mounted in flag holders. 3) Vases or containers integrated into a Monument or Marker may be allowed subject to approval by the Cemetery Supervisor or Designee. 4) Cut flowers must be contained in a Permitted Plant Stand or an approved vase. 5) All objects not described above (including balloons, banners, food and beverages, knick-knacks, solar lights and lanterns, stuffed animals, wind chimes, windmills, windsocks, and statuary not incorporated into the monument) are prohibited and subject to immediate removal. 6) No item may be attached to the Monument or Marker, or Cremation Boulder. 7) Enclosures such as fences and coping are prohibited and subject to immediate removal. 8) The City reserves the right to remove any object which interferes with routine maintenance of the Cemetery or which is unsightly, overgrown, or dangerous on the Grave Lot in which it is situated or to any other Grave Lot, path, or roadway. All unauthorized objects are subject to immediate removal. C. Columbaria 1) All flowers must be contained in a permitted Columbarium Vase. No other item may be attached to Columbaria, the Columbarium Niche Name Plaque, or the Columbarium Vase, or placed on or in the ground by the Columbaria. 2) Each Columbarium Niche may have one Columbarium Vase. Only Columbarium Vases purchased from the City and installed by Cemetery staff are permitted. The Columbarium Vase will be installed in the lower left of the Columbarium Niche Front. 3) The arrangement placed in the Columbarium Vase may not extend over any part of another Columbarium Niche Front. 4) All arrangements placed in Columbarium Vases need to be colorfast or treated with a waterproof sealant. 9 5) Purchase of a replacement Columbarium Vase, if desired, is the responsibility of the purchaser. D. Permanent Plantings and Trees. 1) Permanent plantings and trees are not permitted within the Cemetery except those authorized in writing by the Cemetery Supervisor or Designee. 2) The Cemetery Supervisor or Designee shall select appropriate locations for and quantities of authorized plantings and trees. A list of approved species of trees shall be maintained by the Cemetery Supervisor or Designee. 3) The City may refuse to sell a Grave Lot adjacent to a Grave Lot or pathway containing a tree if the City determines excavating a grave on the lot is detrimental to the tree. 4) The City reserves the right to prohibit plantings or trees on a Grave Lot if the City determines it will interfere with routine maintenance of the Cemetery or will adversely affect an adjoining Grave Lot, path, or roadway. 5) The City reserves the right to remove any planting or tree which interferes with routine maintenance of the Cemetery or which is unsightly, overgrown, dangerous, or diseased on the Grave Lot in which it is situated or to any other Grave Lot, path, or roadway. All unauthorized plantings and trees are subject to immediate removal. VI. Disinterment A. No Objection to Disinterment. The City shall not disinter human remains or Cremains without written authorization of the Authorized Person(s) and a permit issued by the Minnesota State Registrar or a licensed mortician. B. Objections to Disinterment. In the event that a requested disinterment is opposed, the City shall not disinter human remains or Cremains without written authorization of the Authorized Person(s), together with a permit issued by the Minnesota State Registrar or 10 licensed mortician and a certified copy of the court order specifically ordering the disinterment. C. Exception; Movement within the Cemetery. The City may disinter and reinter the human remains or Cremains within the Cemetery upon receipt of the written and notarized authorization of the Authorized Person(s) or by court order. VII. General A. The City reserves the right to correct all errors and defects. B. Scheduled clean-ups shall occur on or about the first day of each month from March to November and as determined necessary by the Cemetery Supervisor or Designee. At these scheduled clean-ups, flowers and plants that have died will be disposed. Items which may have value will be retained for thirty(30) days. Following a thirty(30) day holding period, these items will be disposed. The City is not responsible for the return of any removed object, decoration,plant, or container. C. All work in the Cemetery is subject to the direction and control of the Cemetery Supervisor or Designee. Contractors and others engaged in such work must notify and obtain approval from the Cemetery Supervisor or Designee before beginning the same. D. Persons engaged in placing a Marker or erecting a Monument or other structure upon a Grave Lot are prohibited from attaching ropes or cables to trees or other objects in the Cemetery and are prohibited from placing material on adjoining Grave Lots or allowing the same to remain on the ground longer than is necessary. Persons engaged in such work must complete the work in a timely fashion after it has been commenced. In order to protect paths and grass from injury, the Cemetery Supervisor or Designee may require planks or plywood be placed over them when heavy material is to be moved. E. Animals are prohibited on Cemetery grounds, except for service animals, unless approved by the Cemetery Supervisor or Designee. 11 FILE: CEMETERY/ORD POLICY_REG/RES 2912 2014 REGULATIONS 12 0* T.� 00 . 00 000 City of Apple MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Todd Blomstrom, Public Works Director DATE: November 10,2014 SUBJECT: RESOLUTION OF SUPPORT FOR THE DAKOTA COUNTY DRAFT 2015-2019 CAPITAL IMPROVEMENT PROGRAM Dakota County recently published their Draft 2015-2019 Capital Improvement Program (CIP). The County has requested that cities located within Dakota County review the document and provide a resolution expressing support for the program. The County's proposed Capital Improvement Program identifies several projects located within the City of Apple Valley. The primary projects are listed below. Location Extent Improvement Year CSAH 42(150th Street) Pennock Avenue and Hayes Road Signal Recon 2015 CSAH 42(150th Street) Garden View Drive Signal Recon 2015 CSAH 42(150th Street) Elm and Redwood Drive Intersection Mod 2015 CSAH 42(150th Street) Nicollet Avenue to Elm Drive New Trail 2015 CSAH 42(150th Street) Garrett Avenue Signal Recon 2017 North Creek Greenway Apple Valley Greenway Dev 2015 Western Service Center Building/Facility—General Maintenance 2015 -2016 Galaxie Library Building/Facility Expansion 2015 -2016 The draft CIP project list is enclosed with this memorandum. The attached City Council Resolution expresses support for the projects located within Apple Valley as listed above with the exception of the proposed intersection modifications along CSAH 42 at Elm Drive and Redwood Drive. The Resolution requests further consideration for projects related to the 147th Street BRT Station Stop, concrete rehabilitation along CSAH 38 near the Minnesota Zoo, and the North Creek Greenway Project at the future extension of 157th Street. Recommended Action: Adopt Resolution of Support for the Dakota County Draft 2015-2019 Capital Improvement Program. TAB:cg Attachments CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION OF SUPPORT FOR THE DRAFT 2015-2019 CAPITAL IMPROVEMENT PROGRAM FOR DAKOTA COUNTY WHEREAS, the City Council of the City of Apple Valley has reviewed the draft 2015-2019 Transportation, Parks, and Buildings Capital Improvement Program documents provided by Dakota County; and WHEREAS,the City Council wishes to provide comments to Dakota County based on said documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that: 1. The City of Apple Valley hereby supports inclusion of the following projects into the 2015-2019 Capital Improvement Program for Dakota County: Location Extent Improvement Year CSAH 42(150th Street) Pennock Avenue and Hayes Road Signal Recon. 2015 CSAH 42(150th Street) Garden View Drive Signal Recon. 2015 CSAH 42(150th Street) Nicollet Avenue to Elm Drive New Trail 2015 CSAH 42(150th Street) Garrett Avenue Signal Recon. 2017 North Creek Greenway Apple Valley Greenway Dev 2015 Western Service Center Building/Facility—General Maintenance 2015 -2016 Galaxie Library Building/Facility Expansion 2015 -2016 2. The City of Apple Valley does not currently support the removal of the traffic control signal system on CSAH 42 at the intersection of Elm Drive and requests additional traffic analysis with regard to pedestrian safety and changing traffic patterns along adjacent local roadways. 3. The City of Apple Valley requests that Dakota County complete concrete pavement repairs along CSAH 38 between Cedar Avenue and Johnny Cake Ridge Road, said project being previously scheduled for construction during the 2014 construction season. 4. The City of Apple Valley requests funding from Dakota County in the total amount of$600,000 in 2016 to construct the proposed North Creek Greenway Trail underpass at the extension of 157th Street west of CSAH 31. 5. The City of Apple Valley requests that the Dakota County Capital Improvement Program include funding for expedited construction of a pedestrian bridge skyway crossing over CSAH 23 at the 147th Street BRT Station Stop. ADOPTED this 13th day of November,2014. Mary Hamann-Roland,Mayor ATTEST: Pamela J. Gackstetter,City Clerk 2015 - 2019 Transportation Capital Improvement Program - Draft 2015 Construction DRAFT 9/17/2014 15:23 . ..CITY COUNTY GRAVELTA% COUNTY PROJ NO ROAD SEGMENT(TO/FROM) PROJECTDESCRIPTION PROI LOCATION ANNUALCOST SHARE FEDERAL STATE STATE AID FOR CONST OTHER COST 2015 County Funds: Highway Surface-Gravel Chloride Application 350,000 350,000 I ' Highway Surface-Gravel Spot Locations 50,000 50,000 Traffic Control Devices Durable Pavement W Markings 500,000 500,000 Bike Trail 700,000 - - - - - - 700,000 Transit Infrastructure 60,000 - 60,000 Storm Sewer System Repair 7 500,000 100,000 400,000 Jurisdictional ClassificationVx-, 500,000 - 500,000 Safety and Management Projects "P' 1,000,000 117,000 883,000 ZF ROW Preservation&Management 1,000,000 450,000 - - - - - 550,000 31-68 CR31CR64 Roundabout&195th St Roadway Imp Construction Farmington 6,561,600 2,952,720 - - -. - - 3,608,880 32-65 new 32 117th St: CSAH 71 to TH 52 Design(Final) Inver Grove Heights 800,000 360,000 440,000 43-38 CR 43 TH 13 Storm sewer improvements Construction(MnDOT lead) Mendota Heights 50,000 - 50,000 80-20 CR 80 Replace Bridge L-3167 West of CSAH 47 Hampton Twp 300,000 300,000 83-08 CR 83 Replace Bridge#1315 1.5 mile north of CSAH 86 Hampton Twp 310,000 310,000 90-03 CR 90 Replace Bridge L-3934 Over Dutch Creek Greenvale Twp 300,000 - 300,000 86-33 CSAH 86 At TH 52 Interchange&CSAH 86 to east Construction Randolph Twp 10,000,000 - 3,000,000 7,000,000 Future Studies/Professional Services 500,000 225,000 - 275,000 Township Road Distribution 20,900 - 20,900 Attorney Reimbursement 218,004 - - - - - - 218,004 Inter-Department Transfer-RegionalRail Cedar Grove Access Improvements 1,250,000 - - - - - - 1,250,000 2015 County Funds Subtotal 24,970,504 4,204,720 3,000,000 - 17,765,784 2015 County State Aid Highway(CSAH): 8-20 CSAH 8 At CSAH 73-Roundabout ROW Acquisition West St Paul 100,000 45,000 - 55,000 - 9-36 CSAH 9 Indiana Ave/194th St to CSAH 60 Design/ROW Acquisition Lakeville 1,700,000 765,000 935,000 14-28 CSAH 14 14th Ave to 3rd Ave Final Design/ROW Acquisition South St Paul 1,200,000 540,000 660,000 28-44 CSAH 28 At Elrene,At Mike Collins Signal/Median Modifications Eagan 400,000 180,000 220,000 28-52 CSAH 28 W of Promenade to E of O'Leary Signal(contingent assoc road improve) Eagan(Lead Agency) 350,000 - - - 350,000 - - - 31-76 CSAH 31 35E southbound ramps to Central Parkway ROW Acquisition Eagan 500,000 0 - - 500,000 - - - 32-80 CSAH 32 Slater Rd to CSAH 31 Signal Revisions,Interconnect Eagan 519,200 25,960 415,360 25,960 51,920 42-119 CSAH 42 CSAH 5 to Chippendale Ave Signal Management System B'Ville,AV,Rsmt 1,153,900 41,240 923,120 - 189,540 42-123 CSAH 42 Nicollet Ave to Elm Dr(N side) Construction B'ville,AV 2,530,233 227,721 2,024,186 278,326 42-124 CSAH 42 At Pennock Ave Signal-Complete Rebuild Apple Valley 250,000 125,000 - 125,000 42-125 CSAH 42 At Hayes Ave Signal-Complete Rebuild Apple Valley 250,000 83,300 166,700 42-126 CSAH 42 At Southcross Drive Signal-Complete Rebuild Burnsville 250,000 125,000 125,000 42-127 CSAH 42 At Gardenview Drive Signal-Complete Rebuild Apple Valley 250,000 125,000 125,000 42-133 CSAH 42 At Elm Dr,At Redwood Dr Median Access-Safety/Management Apple Valley 250,000 - 250,000 46-32 CSAH 46 Replace Bridge 19502,160th St E 0.5 mile W of CSAH 47 Marshan/Nininger Twp 939,200 - 375,459 563,741 50-19 CSAH 50 South CSAH 60 to CSAH 9 Design Lakeville 876,070 394,230 - 481,840 50-23 CSAH 50 Holyoke to CSAH 23(Cedar Ave) Preliminary Engineering Lakeville 200,000 90,000 110,000 63-25 CSAH 63 South of TH 55 to south CSAH 26 Final Design&ROW Acquisition Inver Grove Heights 2,012,500 905,625 1,106,875 70-20 CSAH 70 W.Co.Line to Laredo Path Bike/Ped Trail Construction Lakeville 460,000 - 360,000 - 100,000 - 97-25 Township Replace Bridge L3234 Lewiston Blvd Construct Bridge 19156 Vermillion Twp 180,000 - 170,000 - 10,000 97-144 Township Replace Bridge L-3285 Inga Ave Construct Bridge Hampton/Douglas Twp 200,000 - - 190,000 - 10,000 c.. 2015 CSAH Subtotal 14,571,103 3,673,076 3,722,666 761,419 6,393,942 20,000 - 2015 County Funds&County State Aid Highway(CSAH): Highway Surface-Bituminous 2,420,000 - - - - 170,000 - 2,250,000 Highway Surface-Bituminous CSAH Maintenance 1,364,000 1,364,000 - - 23-76 CSAH 23 CSAH 86(280th St)to Eveleth Ave Design Greenvale Township 823,100 576,170 246,930 78-06 new 78 235th/Denmark to TH 3 Design Eureka/Castle Rock Twp 122,400 85,680 36,720 80-12 CSAH 80 CSAH 23 to TH 3 ROW Acquisition Eureka/Castle Rock Twp 1,586,800 1,110,760 476,040 86-29 CSAH 86 East of CSAH 47 to TH 52 ROW Acquisition CR,Ran,Sciota,Hampton 2,040,500 1,428,350 612,150 86-32 CSAH 86 TH 3 to west of CSAH 47 Design CR,Waterford,Sciota 408,000 285,600 122,400 Intersection Control 525,000 225,000 275,000 25,000 CIP Reimbursement to Operations 3,820,261 840,457 1,298,889 1,680,915 2015 County Funds&CSAH Subtotal 13,110,061 1,065,457 6,424,449 170,000 5,450,155 �` 2015 TOTAL 52,651,668 8,943,253 3,722,666 3,761,419 12,818,391 170,000 20,000 23,215,939 2015 - 2019 Transportation Capital Improvement Program - Draft 2016 Construction DRAFT , - 9/17/2D1415:23.. CITY COUNTY GRAVELTAX COUNTY PROJ NO ROAD SEGMENT(TO/FROM) PROJECT DESCRIPTION PROD LOCATION ANNUAL COST SHARE FEDERAL STATE STATE AID FOR CONST OTHER COST 2016 County Funds: Highway Surface-Gravel Resurface&Chloride Application 850,000 850,000 Highway Surface-Gravel Spot Locations 50,000 50,000 Traffic Control Devices Durable Pavement Markings 500,000 500,000 Bike Trail 700,000 700,000 Transit Infrastructure 60,000 60,000 Storm Sewer System Repair f' 500,000 100,000 400,000 Jurisdictional Classification 600,000 600,000 Safety and Management Projects A 1,000,000 117,000 883,000 ROW Preservation&Management 1,000,000 450,000 550,000 6-06 CR 6 At CSAH 73(Oakdale Ave) Construction(for turnlane) West St Paul 200,000 90,000 110,000 28-48 CR 28 TH 3 to 0.62 mile east ROW Acquisition Inver Grove Heights 1,056,000 475,200 580,800 32-65 new 32 117th St: CSAH 71 to TH 52 ROW Acquisition Inver Grove Heights 1,000,000 - - - - - - 1,000,000 Future Studies/Professional Services 500,000 225,000 275,000 Township Road Distribution 20,900 - 20,900 Attorney Reimbursement 226,724 - - - - - - 226,724 2016 County Funds Subtotal 8,263,624 1,457,200 0 0 - 6,806,424 2016 County State Aid Highway(CSAH): 8-20 CSAH 8 At CSAH 73-Roundabout Construction West St Paul 896,000 40,320 806,400 - 49,280 - 9-36 CSAH 9 Indiana Ave/194th St to CSAH 60 Construction Lakeville 4,232,600 1,904,700 - 2,327,900 11-26 CSAH 11 Commonwealth Dr to Parkview Lane Construction(4-lane to 3-lane) Burnsville 855,000 38,475 769,500 47,025 11-27 CSAH 11 at Burnsville Parkway Signal Reconstruction Burnsville 250,000 112,500 - 137,500 26-47 CSAH 26 At TH 3-Roundabout Construction Inver Grove Heights 2,900,000 652,500 1,447,500 800,000 30-26 CSAH 30 At CSAH 31(Pilot Knob Rd) Signal Reconstruction Eagan 300,000 - - 300,000 30-xx CSAH 30 At 35E Ramps Signal/Intersection Reconstruction Eagan 550,000 550,000 31-76 CSAH 31 35E southbound ramps to Central Parkway Construction Eagan 2,500,000 2,500,000 31-79 CSAH 31 At CSAH 32(Cliff Rd) Signal Reconstruction Eagan 300,000 300,000 32-78 CSAH 32 AT 135W Interchange Construction Burnsville 300,000 - 300,000 50-19 CSAH 50 South CSAH 60 to CSAH 9 ROW Acquisition Lakeville 4,224,640 1,901,090 2,323,550 50-24 CSAH 50 At TH 3 Signal Reconstruction(MnDOT) Farmington 50,000 - 50,000 63-25 CSAH 63 South of TH 55 to south CSAH 26 Construction Inver Grove Heights 4,571,200 2,057,000 - - 2,514,200 - - - 73-18 CR 73 Rsmt/IGH line to CSAH 32 Construction Inver Grove Heights 1,700,600 765,300 935,300 73-19 CSAH 73 Bonaire Path to Rsmt/IGH line Design Rosemount 142,900 64,300 78,600 74-08 CSAH 74 At TH 3 Signal Reconstruction(MnDOT) Farmington 50,000 - 50,000 2016 CSAH Subtotal 23,822,940 7,536,185 1,575,900 1,447,500 13,263,355 - - 2016 County Funds&County State Aid Highway(CSAH): Highway Surface-Bituminous 2,420,000 - - - - 170,000 2,250,000 Highway Surface-Bituminous CSAH Maintenance 1,391,000 - 1,391,000 - - Intersection Control 525,000 225,000 275,000 25,000 14-28 CSAH 14 14th Ave to 3rd Ave Construction South St Paul 4,000,000 1,800,000 2,000,000 200,000 23-76 CSAH 23 CSAH 86(280th St)to Eveleth Ave ROW Acquisition Greenvale Township 1,234,600 - 864,220 370,380 42-139 CSAH 42 E.jct TH 55 to"old"CR 87(Lock Blvd) Design Nininger Township 576,200 403,340 172,860 78-06 new 78 235th/Denmark to TH 3 ROW Acquisition Eureka/Castle Rock Twp 612,050 - - - 428,435 - - 183,615 80-12 CSAH 80 CSAH 23 to TH 3 Construction(+bridge) Eureka/Castle Rock Twp 5,656,000 3,749,200 1,906,800 86-29 CSAH 86 East of CSAH 47 to TH 52 Construction CR,Ran,Sciota,Hampton 6,875,000 4,812,500 2,062,500 86-32 CSAH 86 TH 3 t0 west Of CSAH 47 ROW Acquisition CR,waterfora,Sdota 2,040,500 1,428,350 612,150 86-34 CSAH 86 CSAH 23 to TH 3 Design Eurka,CR,Green,Water 285,600 199,920 85,680 91-25 CSAH 91 TH 61 to 3/4 mile north Design Miesville/Douglas Twp 158,800 - 111,160 47,640 CIP Reimbursement to Operations 3,934,869 865,671 1,337,856 - 1,731,342 2016 County Funds&CSAH Subtotal 29,709,619 2,890,671 17,000,981 170,000 9,647,967 r) _..? a 2016TOTAL 61,796,183 11,884,056 1,575,900 1,447,500 30,264,336 170,000 16,454,391 115 - 2019 Transportation • • • • • Draft '.. 9r17 201415;23. 2017 Construction DRAFT CITY COUNTY GRAVELTAx COUNTY PROJ NO ROAD SEGMENT(TO/FROM) PROJECT DESCRIPTION PROJ LOCATION ANNUALCOST SHARE FEDERAL STATE STATE AID FOR CONST OTHER COST 2017 County Funds: Highway Surface-Gravel Chloride Application 350,000 350,000 Highway Surface-Gravel Spot Locations 50,000 50,000 11 7 Traffic Control Devices Durable Pavement Markings 500,000 500,000 ---- -- ' -- Bike Trail °�' 700,000 - - - - - - 700,000 Transit Infrastructure *P 60,000 - 60,000 Storm Sewer System Repair 500,000 100,000 400,000 ®r",Jurisdictional Classificationh 600,000 600,000 Safety and Management Projects a 1,000,000 117,000 883,000 ROW Preservation&Management 1,000,000 450,000 550,000 8-21 CSAH 8 CSAH 63(Delaware)to Humboldt Ave Design West St Paul 272,200 122,500 149,700 28-48 CR 28 TH 3 to 0.62 mile east Construction Inver Grove Heights 600,000 - 600,000 32-65 new 32 117th St: CSAH 71 to TH 52 Construction Inver Grove Heights 4,000,000 - 4,000,000 42-82 CSAH 42 At TH 52(Bridges Only) Construction Rosemount 12,500,000 3,125,000 9,375,000 Future Studies/Professional Services 500,000 225,000 275,000 Township Road Distribution 20,900 - 20,900 Attorney Reimbursement 235,793 - 235,793 M« 2017 County Funds Subtotal 22,888,893 4,139,500 18,749,393 2017 County State Aid Highway(CSAH): 5-47 CSAH 5 At Burnsville Pkwy Signal Recon/Intersection Geo Burnsville 667,000 300,000 367,000 - 26-52 CSAH 26 At CSAH 43(Lexington Ave) Design Eagan 109,000 49,000 60,000 30-19 CSAH 30 At TH 77 (Cedar)Ramps Signal Recon(MnDOT lead) Eagan 230,000 - 230,000 30-29 CSAH 30 At Nicols Rd Signal Reconstruction+Geo Imp Eagan 365,000 177,500 187,500 42-134 CSAH 42 At Garrett Ave Signal Reconstruction+Geo Imp Apple Valley 400,000 192,500 207,500 50-19 CSAH 50 South CSAH 60 to CSAH 9 Construction Lakeville 10,513,760 4,731,190 5,782,570 73-19 CSAH 73 Bonaire Path to Rsmt/IGH line ROW Acquisition Rosemount 771,200 347,000 424,200 2017 CSAH Subtotal 13,055,960 5,797,190 7,258,770 - - 2017 County Funds&County State Aid Highway(CSAH): Highway Surface-Bituminous 2,420,000 - - 170,000 2,250,000 Highway Surface-Bituminous CSAH Maintenance 1,419,000 - 1,419,000 - - Intersection Control 950,000 462,500 462,500 25,000 23-76 CSAH 23 CSAH 86(280th St)to Eveleth Ave Construction Greenvale Township 8,231,000 - 5,761,700 2,469,300 42-139 CSAH 42 E.jct TH 55 to"old"CR 87(Lock Blvd) ROW Acquisition Nininger Township 864,300 605,010 259,290 78-06 new 78 235th/Denmark to TH 3 Construction Eureka/Castle Rock Twp 1,734,750 1,214,325 520,425 78-09 CSAH 78 TH 3 to CSAH 79(Blaine Ave) Design Castle Rock Township 740,800 518,560 222,240 86-32 CSAH 86 TH 3 to west of CSAH 47 Construction CR,Waterford,Sciota 6,875,000 4,812,500 2,062,500 86-34 CSAH 86 CSAH 23 to TH 3 ROW Acquisition Eurka,CR,Green,Water 1,428,300 999,810 428,490 88-20 CSAH 88 TH 56 to Fullerton Rd Design Randolph Township 395,100 276,570 118,530 91-25 CSAH 91 TH 61 to 3/4 mile north ROW Acquisition Miesville/Douglas Twp 557,800 - 390,460 167,340 CIP Reimbursement to Operations 4,052,915 891,641 1,377,991 - 1,783,283 2017 County Funds&CSAH Subtotal 29,668,965 1,354,141 17,838,426 170,000 10,306,398 ' 2017 TOTAL 65,613,818 11,290,831 25,097,196 170,000 29,055,791 2015 - 2019 Transportation • Improvement • Draft 2018 Construction DRAFT4, 9/17/2014 15;23 CITY COUNTY GRAVELTAX COUNTY PROJ NO ROAD SEGMENT(TO/FROM) PROJECT DESCRIPTION PROI LOCATION ANNUAL COST SHARE FEDERAL STATE STATE AID FOR CONST OTHER COST 2018 County Funds: Highway Surface-Gravel Resurface&Chloride Application 850,000 850,000 { 4 Highway Surface-Gravel Spot Locations 50,000 50,000 Traffic Control Devices Durable Pavement Markings 500,000 500,000 Bike Trail700,000 700,000 Transit Infrastructure 60,000 60,000 Storm Sewer System Repair 500,000 100,000 400,000 Jurisdictional Classification _ 600,000 - 600,000 Safety and Management Projects 1,000,000 117,000 883,000 ROW Preservation&Management 1,000,000 450,000 550,000 8-21 CSAH 8 CSAH 63(Delaware)to Humboldt Ave ROW Acquisition West St Paul 1,306,000 587,700 718,300 9-43 new CR 9 East of Hayes Ave to CSAH 23 Design Lakeville 450,000 202,500 247,500 Expansion Projects 11,000,000 - 11,000,000 Future Studies/Professional Services 500,000 225,000 275,000 Township Road Distribution 20,900 - 20,900 Attorney Reimbursement 245,225 - 245,225 2018 County Funds Subtotal 18,782,125 1,682,200 17,099,925 2018 County State Aid Highway(CSAH): 26-52 CSAH 26 At CSAH 43(Lexington Ave) ROW Acquisition Eagan 272,800 122,700 150,100 - 73-19 CSAH 73 Bonaire Path to Rsmt/IGH line Construction Rosemount 3,124,200 1,405,900 1,718,300 M. 2018 CSAH Subtotal 3,397,000 1,528,600 1,868,400 - 2018 County Funds&County State Aid Highway(CSAH): Highway Surface-Bituminous 2,420,000 - - 170,000 2,250,000 Highway Surface-Bituminous CSAH Maintenance 1,419,000 - 1,419,000 - - Intersection Control 2,200,000 1,087,500 1,087,500 25,000 42-139 CSAH 42 E.jct TH 55 to"old"CR 87(Lock Blvd) Construction Nininger Township 5,761,700 - 4,033,190 1,728,510 78-09 CSAH 78 TH 3 to CSAH 79(Blaine Ave) ROW Acquisition Castle Rock Township 1,111,200 777,840 333,360 91-25 CSAH 91 TH 61 to 3/4 mile north Construction Miesville/Douglas Twp 2,250,000 1,575,000 675,000 86-34 CSAH 86 CSAH 23 to TH 3 Construction Eurka,CR,Green,Water 4,047,800 2,833,460 1,214,340 Regional Solicitation 3,500,000 - 3,500,000 - - CIP Reimbursement to Operations 4,174,502 918,390 - 1,419,331 - 1,836,781 check; - 2018 County Funds&CSAH Subtotal 27,476,802 2,005,890 3,500,000 - 13,560,141 170,000 - 8,240,771 .i _. 2018TOTAL 49,655,927 5,216,690 3,500,000 15,428,541 170,000 25,340,696 !2015 - 2019 Transportation Capital Improvement Program - Draft 2019 Construction DRAFT II t O - 9/17/2014 15:23. CITY ` COUNTY GaAVELTAx COUNTY PROJNO ROAD SEGMENT(TO/FROM) PROJECT DESCRIPTION PROJ LOCATION ANNUALCOST SHARE FEDERAL STATE STATE AID FOR CON5T OTHER COST 2019 County Funds: Highway Surface-Gravel Chloride Application 350,000 350,000 Highway Surface-Gravel Spot Locations 50,000 50,000 Traffic Control Devices Durable Pavement Markings 500,000 500,000 Bike Trail 700,000 700,000 Transit Infrastructure 60,000 - 60,000 Storm Sewer System Repair ; 500,000 100,000 400,000 Jurisdictional Classification 600,000 - 600,000 Safety and Management Projects 1,000,000 117,000 883,000 ROW Preservation&Management 1,000,000 450,000 550,000 8-21 CSAH 8 CSAH 63(Delaware)to Humboldt Ave Construction West St Paul 3,265,300 1,469,400 1,795,900 Expansion Projects 11,000,000 - 11,000,000 Future Studies/Professional Services 500,000 225,000 275,000 Township Road Distribution 20,900 - 20,900 Attorney Reimbursement 255,034 - 255,034 2019 County Funds Subtotal 19,801,234 2,361,400 17,439,834 2019 County State Aid Highway(CSAH): 26-52 CSAH 26 At CSAH 43(Lexington Ave) Construction Eagan 681,900 306,800 375,100 - 2019 CSAH Subtotal 681,900 306,800 375,100 - - 2019 County Funds&County State Aid Highway(CSAH): Highway Surface-Bituminous 2,420,000 - - 170,000 2,250,000 Highway Surface-Bituminous CSAH Maintenance 1,419,000 - 1,419,000 - - Intersection Control 2,200,000 1,087,500 1,087,500 25,000 78-09 CSAH 78 TH 3 to CSAH 79(Blaine Ave) Construction Castle Rock Township 7,407,900 - 5,185,530 2,222,370 88-20 CSAH 88 TH 56 to Fullerton Rd Construction Randolph Township 2,950,880 - 2,765,616 185,264 Regional Solicitation 3,500,000 3,500,000 CIP Reimbursement to Operations 4,299,737 945,942 - 1,461,911 - 1,891,884 ° 2019 County Funds&CSAH Subtotal 24,197,517 2,033,442 3,500,000 11,919,557 170,000 6,574,518 2019 TOTAL 44,680,651 4,701,642 3,500,000 12,294,657 170,000 24,014,352 1 2019 Transportation Capital • • Program - Draft TRANSPORTATION DEPARTMENT 5-YEAR: SUMMARY 9/17/201415:23 UP 5-Year bummary County State Projects By Year Annual Cost City Share Federal State Aid Gravel Tax Other County Cost 2015 2015 52,651,668 8,943,253 3,722,666 3,761,419 12,818,391 170,000 20,000 23,215,939 2016 2016 61,796,183 11,884,056 1,575,900 1,447,500 30,264,336 170,000 - 16,454,391 2017 2017 65,613,818 11,290,831 - - 25,097,196 170,000 29,055,791 2018 2018 49,655,927 5,216,690 3,500,000 15,428,541 170,000 25,340,696 2019 2019 44,680va"R ,651 4,701,642 3,500,000 12,294,657 170,000 24,014,352 5-Year Total: 229,717,596--F— N,- 37,334,830 8,798,566 5,208,919 1 83,608,464 680,000 1 20,000 1 94,066,817 ounty Revenue County Funds Program Aid Wheelage Individual Year End County Funds& Program Aid Ill (3) Tax County Cost Balance Cumulative Year End Balance Est.Ending Fund Balance 12.31.2014 - - - - - 37,914,395 2015 4,461,871 9,756,329 3,200,000 23,215,939 (5,797,739) 32,116,656 2016 4,506,489 9,756,329 3,200,000 16,454,391 1,008,427 33,125,083 2017 4,551,554 9,756,329 3,200,000 29,055,791 (11,547,908) 21,577,175 2018 4,597,069 9,756,329 3,200,000 25,340,696 (7,787,298) 13,789,877 2019 4,643,039 9,000,000 1 3,200,000 1 24,014,352 (7,171,313) 6,618,564 5-Year Total:1 22,760,022 1 48,025,316 1 16,000,000 1 118,081,169 2 Flexible Motor Revenue� State Aid State Aid CSAH Highway Vehicle Lease Individual Year End CSAH,Flex Hwy,LMVST CSAH-Construction -Maintenance Account(5) Sales Tax(4) CSAH Cost Balance Cumulative Year End Balance Est.Ending Fund Balance 12.31.14 - - - - - - 7,000,000 2015 8,300,000 1,400,000 1,400,000 7,000,000 12,818,391 5,281,609 12,281,609 2016 8,400,000 1,400,000 1,500,000 8,000,000 30,264,336 (10,964,336) 1,317,273 2017 8,600,000 1,400,000 1,600,000 9,000,000 25,097,196 (4,497,196) (3,179,923) 2018 8,600,000 1,400,000 1,600,000 9,000,000 15,428,541 5,171,459 1,991,536 2019 8,600,000 1,400,000 1,600,000 9,000,000 12,294,657 8,305,343 10,296,879 5-Year Total: 42,500,000 7,000,000 1 7,700,000 1 42,000,OOOF 95,903,121 NOTES: I31 County Funds Revenue not updated(used adopted 2014-2018 CIP&2019 TBI)) I:1 CSAH Revenues rounded to nearest$100,000 I31 Program Aid(as shown in 2014-2018 CIP)-no rounding allowed(2019 TBD) (4)Leased Motor Vehicles Sales Tax(Revised 7.15.2014) Is7 Flexible Highway Revenues adjusted 9.02.2014 Proposed 2015-2019 CIP-Parks and Greenways Capital Improvement Program DRAFT SHEET PROJECT PROJECT DESCRIPTION PROJECT LOCATION ANNUAL. FEDERAL STATE METRO OTHER.. COUNTY GENERAL PARK DEED PARK PROPERTY TOTAL LIFE LEAD PROJECT NO NO COST SHARE PROGRAM AID FUND FUNO TAX O&M(L-In-L) TAX PROJECTCOST AGENCY TYPE 1G�Glili a161Gl11( all ",' _ llrifia ,,, 2015 Section Proj 10 Planning Parks/Greenways/Operations Systemwide 400,000 0 0 0 0 400,000 0 0 0 0 0 1,630,000 Dakota County Planning Pro j2 P00040 Acquistion:Park and Greenway System Systemwide 4,533,332 0 0 3,400,000 0 0 1,133,332 0 0 0 0 22,666,660 Dakota County Acquistion Proj 4 P00048 Maintenance:Park System Systemwide 250,000 0 0 0 0 0 0 0 0 0 250,000 1,250,000 Dakota County Maintenance&Redevelopment Proj 5 P000091 Park Development:Master Plan Improvements Systemwide 1,000,000 0 0 51,000 0 0 949,000 0 0 0 0 5,000,000 Dakota County Construction Proj 6 P00074 Park Development:Enhancements Systemwide 100,000 0 0 0 0 100,000 0 0 0 0 0 500,000 Dakota County Construction Proj7 P00075 Greenway Development:Enhancements Systemwide 50,000 0 0 0 0 50,000 0 0 0 0 0 350,000 Dakota County Construction Proj8 P00011 Greenway Development:MRRT Rosemount MRRT-Rosemount West 100,000 0 0 0 0 10(1,000 0 0 0 0 0 2,080,000 Dakota County Construction Proj 9 0 Park Development Spring Lake Park Reserve 80,000 0 0 0 0 0 80,000 0 0 0 0 80,000 Dakota County Development Proj 10 P00078 Greenway Development:Collaborative Systemwide 350,000 0 0 0 0 350,000 0 0 0 0 0 1,950,000 0 Construction Proj 11 PODO30 Natural Resources:Base Program Systemwide 511,000 0 0 150,000 0 0 0 0 11,000 350,000 0 2,780,000 Dakota County Natural Resources Proj 12 0 Whitetail Woods Road Improvement Whitetail Woods Regional Park 979,000 0 0 0 0 0 979,000 0 0 0 0 979,000 Dakota County Construction Proj 13 P00092 Greenway Development:North Creek Greenway Apple Valley 2,860,000 11000,000 0 738,000 0 0 1,122,000 0 0 0 0 2,860,000 Dakota County Construction Proj 15 P00084Maintenance:Greenways Systemwide 50,000 0 0 0 0. 0 0 0 0 0 50,000 325,000 Dakota County Maintenance Proj 18 0 Greenway Development:North Creek Trallhead Lakeville 205,000 0 0 0 0 205,000 0 0 0 0 0 205,000 Lakeville Construction Proj 21 0 Greenway Development WSP,Mendota Heights 160,000 0 0 0 0 0 160,000 0 0 0 0 1,920,000 Dakota County Greenway Development Proj 22 0 Greenway Development Minnests River Greenway 70,000 0 0 0 0 0 70,000 0 0 0 0 840,000 Dakota County Greenway Development Proj 23 0 Greenway Development Mississippi River Regional Trail 75,000 0 0 0 0 0 75,000 0 0 0 0. 885,000 Dakota Greenway Development Proj 25 0 Greenway Development:MRRT Row-rd, MRRT-Rosemount East 345,000 0 0 0 0 0 0 345,000 0 0 0 345000 Dakota County Greenway Development 2015 Total 12116 332 1000 000 0 4,339,000 0 1205 000 4,568,332 345 000 11,000 350 000 300,000 46,645,660 2016 Section Proj 1 0 Planning Parks/Greenways/Operations Systemwide 395,000 0 0 0 0 395,000 0 0 0 0 0 1,630,000 Dakota County Planning Proj 2 P00040 Acquistion:Park and Greenway System Systemwide 4,533,332 0 0 3,400,000 0 0 1,133,332 0 0 0 0 22,666,660 Dakota County Acquistion Proj 4 POD048 Maintenance:Park System Systemwide 250,000 0 0 0 0 0 0 0 0 0 250,000 1,250,000 Dakota County Malntenance&Redevelopment Proj 5 P000091 Park Development:Master Plan Improvements Systemwide 1,000,000 0 0 900,000 0 0 100,000 0 0 0 0 5,000,000 Dakota County Construction Proj 6 P00074 Park Development:Enhancements Systemwide 100,000 0 0 0 0 100,000 0 0 0 0 0 500,000 Dakota County Construction Proj 7 P00071 Greenway Development:Enhancements Systemwide 75,000 0 0 0 0 75,000 0 0 0 0 0 350,000 Dakota County Construction Proj 8 P00011 Greenway Development:MRRT Rosemount MART-Rosemount West 1,980,000 1,440,000 0 370,000 0 0 170,000 0 0 0 0 2,080,000 Dakota County Construction Prof 10 P00078 Greenway Development:Collaborative Systemwide 400,000 0 0 0 0 400,000 0 0 0 0 0 1,950,000 0 Construction Proj 11 P00020 Natural Resources:Base Program Systemwide 511,000 0 0 100,000 0 0 0 0 11,000 350,000 50,000 2,780,000 Dakota County- Natural Resources Proj 15 P00084 Maintenance:Greenways Systemwide 50,000 0 0 0 0 0 0 0 0 0 50,000 325,000 Dakota County Maintenance Proj 16 0 Malntenance:WWRP WWRP 100000 0 0 0 0 10-'0 0 0 0 _ 0 0 100,000 Dakota County Maintenance 2016T Total 9390.332 1440A00 0 4770000 0 IA70000 1403332 0 11.000 350.000 350,000 38,631,660 2017 Section Proj l 0 Planning Parks/Greenways/Operations Systemwide 395,000 0 0 0 0 395,000 0 0 0 0 0 1,630,000 Dakota County Planning Proj2 P00040 Acquistion:Park and Greenway System Systemwide 4,533,332 0 0 3,400,000 0 0 1,133,332 0 0 0 0 22,666,660 Dakota County Acquistion Proj 3 0 Greenway Development:VRRG Hastings 180,000 0 0 180,000 0 0 0 0 0 0 0 180,000 Dakota County Construction Proj 4 P00048 Maintenance:Park System Systemwide 250,000 0 0 0 0 0 0 0 0 0 250,000 1,250,000 Dakota County. Maintenance&Redevelopment Proj 5 P000091 Park Development:Master Plan Improvements Systemwide 3,000,000 0 0 900,000 0 0 100,000 0 0 0 0 5,000,000 Dakota County Construction Proj 6 P00074 Park Development:Enhancements Systemwide 100,000 0 0 0 0 100,000 0 0 0 0 0 500,000 Dakota County Construction Proj7 P00075 Greenway Development:Enhancements Systemwide 75,000 0 0 0 0 75,000 0 0 0 0 0 350,000 Dakota County Construction Proj SO POO 79 Greenway Development:Collaborative Systemwide 400,000 0 0 0 0 400,000 0 0 0 0 0 1,950,000 0 Construction Pro)11 P00020 Natural Resources:Base Program Systemwide 511,000 0 0 150,000 0 0 0 0 11,000 350,000 0 2,780,000 Dakota County Natural Resources Proj 35 P00084 Maintenance:Greenways Systemwide 75,000 0 0 0 0 0 0 0 0 0 75,000 325,000 Dakota County Maintenance Proj 19 0 Greenway and Park Development:General Systemwide 160,000 0 0 160,000 0 0 0 0 0 0 0 160,000 Dakota County Multiple Proj 21 0 Greenway Development WSP,Mendota Heights 1,760,000 1,040,000 0 720,000 0 0 0 0 0 0 0 1,920,000 Dakota County Greenway Development Proj 22 0 Greenway Development Minnesta River Greenway 770,000 560,000 0 210,000 0 0 0 0 0 0 0 840,000 Dakota County Greenway Development Proj 23 0 Greenway Development M'ssl Ipp'R' Regional T 'I 810000 400000 0 410000 0 0 0 0 _ 0 0 0 885,000 Dakota Greenway Development 2017T cal 11019332 2000000 0 6130000 0 970000 1233332 0 12,000 350.000 325,000 40A36,660 Parks i Proposed 2015-2019 CIP- Parks and Greenways Capital Improvement Program DRAFT SHEET PROD ECT PROJECT DESCRIPTION PROJECT LOCATION ANNUAL FEDERAL STATE METRO OTHER COUNTY GENERAL PARK DEED PARK PROPERTY TOTAL LIFE LEAD PROJECT NO. NO. COST SHARE PROGRAM AID FUND FUND TAX O&M(L-in-L1 TAX PROJECT COST AGES TYPE 2018 Section Proj1 0 Planning Parks/Greenways/Operations Systemwide 295,000 0 0 0 0 295,000 0 0 - 0 0 0 1,630,000 Dakota County Planning Proj 2 P00040 Acqulstion:Park and Greenway System Systemwide 4,533,332 0 0 3,400,000 0 0 1,133,332 0 0 0 0 22,666,660 Dakota County Acquistion Proj 4 PO-48Maintenance:Park System Systemwide 250,000 0 0 0 0 0 0 0 0 0 250,000 1,250,000 Dakota County Maintenance&Redevelopment Proj 5 P000091 Park Development:Master Plan Improvements Systemwide 1,000,000 0 0 900,000 0 0 100,000 0 0 0 0 5,000,000 Dakota County Construction Proj6 P00074 Park Development:Enhancements Systemwide 100,000 0 0 0 0 100,000 0 0 0 0 0 500,000 Dakota County Construction Prof 7 P00075 Greenway Development:Enhancements Systemwide 75,000 0 0 0 0 75,000 0 0 0 0 0 350,000 Dakota County Construction Proj 10 Potion Greenway Development:Collaborative Systemwide 400,000 0 0 0 0 400,000 0 0 0 0 0 1,950,000 0 Construction Proj 11 P00020 Natural Resources:Base Program Systemwide 511,000 0 0 150,000 0 0 0 0 11,000 350,000 0 2,780,000 Dakota County Natural Resources Proj14 P00093 Greenway Development:MRRT to St.Paul South St.Paul 2,514,000 1,800,000 0 714,000 0 0 0 0 0 0 0 2,814,000 Dakota County Construction Proj 15 P00084Maintenance:Greenways Systemwide 75,000 0 0 0 0 0 0 0 0 0 75,000 325,000 Dakota County Maintenance Proj 17 0 Greenway Development:Federal Grant Systemwide 1,500,000 11000,000 0 500,000 0 0 0 0 0 0 0 3,000,000 Dakota County Construction Proj 20 0 Greenway Development Federal Grant Systemwide 300,000 0 0 0 0 300.000 0 0 0 0 0 .600000 Dakota County Greenway Development 2018 Tot 111553 332 2.800.000 0 5,664,000 0 1.170,000 1,233,332 0 11,000 350,000 325,000 42,865,660 2019 Section Proj 1 0 Planning Parks/Greenways/Operations Systemwide 145,000 0 0 0 0 145,000 0 0 '0 0 0 1,630,000 Dakota County Planning Proj 2 P00040 Acqulstlon:Park and Greenway System Systemwide 4,533,332 0 0 3,400,000 0 0 1,133,332 0 0 0 0 22,666,660 Dakota County Acqulstion Proj 4 P00048 Maintenance:Park System Systemwide 250,000 0 0 0 0 0 0 0 0 0 250,000 1,250,000 Dakota County Maintenance&Redevelopment Proj 5 P000091 Park Development00 :Master Plan Improvements Systemwide 1,000,000 0 0 9 ,000 0 0 100,000 0 0 0 0 5,000,000 Dakota County Construction Proj 6 POW74 Park Development:Enhancements Systemwide 100,000 0 0 0 0 100,000 0 0 0 0 0 500,000 Dakota County Construction Proj 7 P00075 Greenway Development:Enhancements Systemwide 75,000 0 0 0 0 75,000 0 0 0 0 0 350,000 Dakota County Construction Proj 10 P00078 Greenway Development:Collaborative Systemwide 400,000 0 0 0 0 400,000 0 0 0 0 0 1,950,000 0 Construction Proj11 P00020 Natural Resources:Base Program Systemwide 736,000 0 0 375,000 0 0 0 0 11,000 350,000 0 2,780,000 Dakota County Natural Resources Proj 15 P00084Maintenance:Greenways Systemwide 75,000 0 0 0 0 0 0 0 0 0 75,000 325,000 Dakota County Maintenance Proj 17 0 Greenway Dvelopment Federal Grant Systemwide 1,500,000 1,000,000 0 500,000 0 0 0 0 0 0 0 3,000,000 Dakota County Construction Proj 20 0 GreenwaYD:velopment:Federal Grant Systemwide 300.000 0 0 0 0 300,000 0 0 0 0 0 600,000 Dakota County Greenway Development 2019 T t I 9114 332 1000 000 0 5,17S.00 0 1020 000 1333 332 0 11.000 350.000 325.000 40.051660 TOTAL EXPENDITURES ANNUAL FEDERAL STATE METRO OTHER COUNTY GENERAL PARK DEED PARK PROPERTY TOTAL LIFE COST SHARE STATE AID FUND FUND TAX O&M 1.4n-L TAX PROJECT COST 2015 12,118,332 1,000,000 0 4,339,000 0 1,205,000 4,568,332 345,000 11,000 350,000 300,000 46,645,660 2016 9,394,332 1,440,000 0 4,770,000 0 1,070,000 1,403,332 0 11,000 350,000 350,000 38,631,660 2017 11,019,332 2,000,000 0 6,130,000 0 970,000 1,233,332 0 11,000 350,000 325,000 40,436,660 2018 11,553,332 2,800,000 0 5,664,000 0 1,170,000 1,233,332 0 11,000 350,000 325,000 42,865,660 2019 9,114,332 1000,000 0 5,175,000 0 1020,000. 1233332 D 11,000 350,000 325000 40,051660 Total 53,199,660 8,240,000 0 26,078,000 0 5,435,000 9,671,660 345,000 55,000 1,750,000 1,625,000 208,631,300 Parks 2 Proposed 2015 - 2019 Building Capital Improvement Program DRAFT SHEET PROJECT PROJECT DESCRIPTION PROJECT LOCATION ANNUAL BOND INTERFUND OTHER COUNTY TOTAL LIFE PROJECT # NO. COST PROCEEDS TRANSFERS COST PROJECT COST TYPE -,_. __�-_.- . .._........ �-.> ..a iltiiNi i, _. .... _, i iii:,, i i _ gltllllllllli�hBlllll ), _ .;�; ,� � ,;,, �. m„ ,,,,� ..m ,�,,, I_ , �. t ,,.._, I Iii ..�y ,.. ,,,_,I IIIA „ VtIsIIII i - � �iiJfIIIIII�h�IIII m � i �ii nJIIII� �, �, ifMUIG@Ii�'�� �- � tip o � _ , �iiai�uii� �.-� > ii�ri-,I 2015 Section Proj 1 B70029 Interior Fall Protection Countywide 205,000 0 0 0 205,000 225,000 Approved Proj 2 B70013 Energy Improvements Countywide 430,000 0 0 0 430,000 693,000 Approved Proj 3 B70040 Parking Lots Seal and Repair Countywide 94,600 0 0 0 94,600 819,200 Approved Revised 2019 added Proj 4 B70041 Carpet Replacement Program Countywide 186,000 0 0 0 186,000 1,170,000 Approved Proj 5 B7003? Miscellaneous Projects Countywide 185,000 0 0 0 185,000 925,000 Continuing Proj 6 87003? Special Assessments Countywide 20,000 0 0 0 20,000 120,000 Continuing Proj 7 B7003? Storm Water Retrofit Projects Countywide 25,000 0 0 0 25,000 125,000 Continuing Proj 8 B10001 Replace Pneumatic Controls Government Center 500,000 0 0 0 500,000 1,277,000 Revised Proj 9 810014 Exterior Envelope Repairs Government Center 108,000 0 0 0 108,000 346,000 Approved Proj 10 B10013 Renovation I New Additions Judicial Center Hastings 6,530,000 0 0 0 6,530,000 9,941,000 Revised Proj 11 B10026 Emergency Generator Replacement Judicial Center-Hastings 587,000 0 0 0 587,000 762,000 Approved Proj 12 B10029 Replace Chiller Judcial Center-Hastings 400,000 0 0 0 400,000 635,000 Approved-Year Revised Proj 13 B10036 Replace Courts Sound Systems Judicial&Western Service Centers 300,000 0 0 0 300,000 320,000 Revised Proj 14 830020 Replace 90 Ton Chiller Library Wentworth 88,000 0 0 0 88,000 88,000 Approved Proj 15 830014 EMS Replacement Library Wentworth 139,000 0 0 0 139,000 151,000 Revised Proj 16 870026 Needs Assessment Historical Museum 32,000 0 0 0 32,000 32,000 Approved Proj 17 860006 Park Maintenance Building/Sheriff Ste Northern Part of the County-TBD 530,000 0 0 0 530,000 730,000 Approved Proj 18 B60008 Park Maintenance Facility Lebanon Hills Park Vacinity 2,990,000 0 0 0 2,990,000 4,620,000 Approved Proj 19 B20001 Security Improvements Law Enforcement and Juvenile Centers 840,000 0 0 0 840,000 1,240,000 Revised Proj 20 8100?? Renovation&Addition Library-Galaxie 400,000 0 0 0 400,000 5,305,000 Approved Proj 21 810028 Restroom Improvements Western Service Center 142,000 0 0 0 142,000 180,000 Active Proj 22 B10030 Exterior Envelope Repairs and Cleanir Western Service Center 105,000 0 0 0 105,000 253,000 Active Proj 23 B10035 Boiler Replacement Western Service Center 75,000 0 0 0 75,000 350,000 Active Proj 24 B300?? Data Center Enhancement Project Judicial and Northern Service Centers 40,000 0 0 0 40,000 850,000 Approved Proj 25 B100?? Office and Staff Reconfigurations Northern Service Center 250,000 0 0 0 250,000 250,000 New Proj 26 B700?? Roof Replacement Farmington Transportation Facility 156,000 0 0 0 156,000 156,000 Approved Proj 27 8100?? Upgrade Cooling Pumps Western Service Center 83,200 0 0 0 83,200 83,200 Approved Proj 28 B600?? Park Maintenance Building Spring Lake Park 1,550,000 0 0 0 1,550,000 1,550,000 Approved Proj 29 8100?? Exterior Envelope Inspection&Repaii Northern Service Center 76,000 0 0 0 76,000 194,000 Approved Proj 31 82000? Security Improvements Northern,Western,Administration Centers 594,000 0 0 0 594,000 594,000 New Proj 32 8100?? Replace Cooling Coils Judicial Center 77,000 0 0 0 77,000 77,000 New Proj 46 8600?? Wind Turbine Upgrade Spring Lake Park 80,000 0 0 5,000 75,000 80,000 New 2015 Total 17,817,800 0 0 5,000 17,812,800 34,141,400 Buildings-1 Proposed 2015 - 2019 Building Capital Improvement Program DRAFT SHEET PROJECT PROJECT DESCRIPTION PROJECT LOCATION ANNUAL BOND INTERFUND OTHER COUNTY TOTAL LIFE PROJECT # NO. COST PROCEEDS TRANSFERS COST PROJECT COST TYPE ,a �,In iMUM- A .`4i°ili ,IIP.16"' pi ,ice - _ �. +�I�I II 0191 �I 'U "TT,w11FI iia :alr 3- 'rz:IL IIi�I����IIi Ian Milli i,i _ _ a _ _ ; �,.sill�� ( (i " - ✓D� ,c 2016 Section Proj 2 B70013 Energy Improvements Countywide 157,000 0 0 0 157,000 693,000 Approved Proj 3 870040 Parking Lots Seal and Repair Countywide 106,600 0 0 0 106,600 819,200 Approved j Revised 2019 added Proj 4 670041 Carpet Replacement Program Countywide 192,000 0 0 0 192,000 1,170,000 Approved Proj 5 87003? Miscellaneous Projects Countywide 185,000 0 0 0 185,000 925,000 Continuing Proj 6 87003? Special Assessments Countywide 20,000 0 0 0 20,000 120,000 Continuing Proj 7 B7003? Storm Water Retrofit Projects Countywide 25,000 0 0 0 25,000 125,000 Continuing Proj 8 B10001 Replace Pneumatic Controls Government Center 700,000 0 0 0 700,000 1,277,000 Revised Proj 10 B10013 Renovation I New Additions Judicial Center Hastings 2,711,000 0 0 0 2,711,000 9,941,000 Revised Proj 18 B60008 Park Maintenance Facility Lebanon Hills Park Vacinity 630,000 0 0 0 630,000 4,620,000 Approved Proj 19 B20001 Security Improvements Law Enforcement and Juvenile Centers 190,000 0 0 0 190,000 1,240,000 Revised Proj 20 B100?? Renovation&Addition Library-Galaxie 2,869,000 0 0 0 2,869,000 5,305,000 Approved Proj 22 B10030 Exterior Envelope Repairs and Cleanir Western Service Center 98,000 0 0 0 98,000 253,000 Active Proj 24 8300?? Data Center Enhancement Project Judicial and Northern Service Centers 810,000 0 0 0 810,000 850,000 Approved Proj 29 B100?? Exterior Envelope Inspection&Repah Northern Service Center 118,000 0 0 0 118,000 194,000 Approved Proj 30 B500?? Renovate New Chance Juvenile Services Center 135,000 0 0 0 135,000 135,000 New Proj 33 8700?? Engineering Evaluation-Refrigerant F Countywide 30,000 0 0 0 30,000 30,000 Approved Proj 34 8700?? Replace Roof Cold Storage Building Hastings Transportation Facility 50,400 0 0 0 50,400 50,400 Approved Proj 35 B100?? Boiler Replacement Judicial Center 390,000 0 0 0 390,000 390,000 Revised Proj 36 B300?? Needs Assessment Pleasant Hill Library 35,000 0 0 0 35,000 35,000 Approved Proj 37 B70041? Add Parking Government Center 82,000 0 0 0 82,000 82,000 Revised Proj 39 B300?? Replace Dx Air Conditioner Library-Farmington 71,500 0 0 0 71,500 71,500 New Proj 42 8100?? HCFC Chiller Room Purger Western Service Center 89,000 0 0 0 89,000 89,000 Approved 2016 Total 9,694,500 0 0 0 9,694,500 28,415,100 2017 Section Proj 3 B70040 Parking Lots Seal and Repair Countywide 105,000 0 0 0 105,000 819,200 Approved I Revised 2019 added Proj 4 B70041 Carpet Replacement Program Countywide 198,000 0 0 0 198,000 1,170,000 Approved Proj 5 87003? Miscellaneous Projects Countywide 185,000 0 0 0 185,000 925,000 Continuing Proj 6 B7003? Special Assessments Countywide 20,000 0 0 0 20,000 120,000 Continuing Proj 7 87003? Storm Water Retrofit Projects Countywide 25,000 0 0 0 25,000 125,000 Continuing Proj 8 B10001 Replace Pneumatic Controls Government Center 50,000 0 0 0 50,000 1,277,000 Revised Proj 10 810013 Renovation I New Additions Judicial Center Hastings 165,000 0 0 0 165,000 9,941,000 Revised Proj 20 8100?? Renovation&Addition Library-Galaxie 2,036,000 0 0 0 2,036,000 5,305,000 Approved Proj 38 8300?? Renovation Library-Pleasant Hill 660,000 0 0 0 660,000 2,585,000 Revised Proj 40 B300?? Needs Assessment Heritage Library 35,000 0 0 0 35,000 35,000 Approved Proj 41 8300?? Replace Data Center Air Conditioner Library-Wescott 66,000 0 0 0 66,000 66,000 New 2017 Total 3,545,000 0 0 0 3,545,000 22,368,200 Buildings-2 Proposed 2015 - 2019 Building Capital Improvement Program DRAFT SHEET PROJECT PROJECT DESCRIPTION PROJECT LOCATION ANNUAL BOND INTERFUND OTHER COUNTY TOTAL LIFE PROJECT # NO. COST PROCEEDS TRANSFERS COST PROJECT COST TYPE :nil�kGGI a alnuhGl�ih (IIS- 7. _. G _ PIN1111110- IPNIIi Li�IINII,t�mjq(GIIIIIIIIPL .il� , ilpk�IIII��IIIIII� �^ .� - ,� �i�IaNI�4w _ ,a ,�, � -�UL"IU r�,�'�f�ii IUB „i� .� T, :: -� � :.�,miiia�ii�mile, k.nh.,�� = _. --. '-i 2018 Section Proj 3 B70040 Parking Lots Seal and Repair Countywide 60,000 0 0 0 60,000 819,200 Approved I Revised 2019 added Proj 4 B70041 Carpet Replacement Program Countywide 204,000 0 0 0 204,000 1,170,000 Approved Proj 5 87003? Miscellaneous Projects Countywide 185,000 0 0 0 185,000 925,000 Continuing Proj 6 B7003? Special Assessments Countywide 20,000 0 0 0 20,000 120,000 Continuing Proj 7 B7003? Storm Water Retrofit Projects Countywide 25,000 0 0 0 25,000 125,000 Continuing Proj 38 B300?? Renovation Library-Pleasant Hill 1,925,000 0 0 0 1,925,000 2,585,000 Revised Proj 43 B300?? Renovation Library-Heritage&License Center 1,080,000 0 0 0 1,080,000 5,080,000 New Proj 44 8100?? Replace 1998 Air Conditioner Externsion Service Center 60,500 0 0 0 60,500 60,500 New 2018 Total 3,559,500 0 0 0 3,559,500 10,884,700 2019 Section Proj 3 B70040 Parking Lots Seal and Repair Countywide 210,000 0 0 0 210,000 819,200 Approved I Revised 2019 added Proj 4 B70041 Carpet Replacement Program Countywide 210,000 0 0 0 210,000 1,170,000 Approved Proj 5 87003? Miscellaneous Projects Countywide 185,000 0 0 0 185,000 925,000 Continuing Proj 6 B7003? Special Assessments Countywide 20,000 0 0 0 20,000 120,000 Continuing Proji7 87003? Storm Water Retrofit Projects Countywide 25,000 0 0 0 25,000 125,000 Continuing Proj 43 8300?? Renovation Library-Heritage&License Center 3,600,000 0 0 0 3,600,000 5,080,000 New 2019 Total 4,250,000 0 0 0 4,250,000 8,239,200 TOTAL EXPENDITURES ANNUAL BOND INTERFUND OTHER COUNTY TOTAL LIFE COST PROCEEDS TRANSFERS COST PROJECT COST 2015 17,817,800 0 0 5,000 17,812,800 34,141,400 2016 9,694,500 0 0 0 9,694,500 28,415,100 2017 3,545,000 0 0 0 3,545,000 22,368,200 2018 3,559,500 0 0 0 3,559,500 10,884,700 2019 4,250,000 0 0 0 4,250,000 8,239,200 Total 38,866,800 0 0 5,000 38,861,800 104,048,600 Buildings-3 Proposed 2015 - 2019 Data Networks Capital Improvement Program DRAFT SHEET PROJECT PROJECT DESCRIPTION PROJECT LOCATION ANNUAL LOCAL FEDERAL STATE FUND OTHER TOTAL LIFE LEAD PROJECT ' :"1 N},"z` %`" € ' 91("� ," _LTi rl NO. COST SHARE BALANCE PROJECT 1=1111111110 „ i " ,IrlINI, 6j.II= G" 611 Illi ;rm ." 4 1 `il . „ � 2015 Section Proj 1 DN00009 Traffic Signal Coordination Countywide 100,000 45,000 - - 55,000 - 700,000 Dakota County Institutional Network Proj 2 DN00011 Miscellaneous Projects Countywide 100,000 - - - 100,000 - 650,000 Dakota County To Be Determined Proj 3 0Fiber Optic Upgrade Apple Valley 300,000 135,000 - - 165,000 - 300,000 To Be Determined Institutional Network Proj 4 0 FiberOptic Expansion Burnsville 200,000 90,000 - - 110,000 - 200,000 To Be Determined Institutional Network Proj 5 0 Fiber Optic Expansion Farmington 200,000 90,000 - - 110,000 - 200,000 To Be Determined Institutional Network Proj 6 0 Redundant Fiber Optic Connection Farmington to Northfield 350,000 157,500 - - 192,500 - 350,000 To Be Determined Institutional Network Proj 7 0 Fiber Optic Expansion,County Road 42 Burnsville,Rosemount 200,000 90,000 - - 110,000 - 200,000 To Be Determined Institutional Network Proj 8 0 Lebanon Hills Regional Park Fiber Eagan 100,000 45,000 - 55,000 - 100,000 Dakota County Dakota County Network Proj 9 0 Lone Oak Road Bridge Fiber Optic Upgrade Eagan 100,000 45,000 - - 55,000 - 100,000 To Be Determined Institutional Network Proj 10 0 Spring Lake Park Reserve Fiber Expansion Nininger 250,000 - - - 250,000 - 250,000 Dakota County Dakota County Network Proj 11 0 Traffic Signals Fiber Optic Expansion,County Road 32 Eagan,Burnsville 200,000 90,000 - -- 110,000 - 200,000 To Be Determined Institutional Network Proj 12 0 Traffic Signals Fiber Optic Upgrade Lakeville 300,000 135,000 - - 165,000 - 300,000 To Be Determined Institutional Network Proj 13 0 Whitetail Wood Regional Park Fiber Connection Empire 100,000 45,000 - - 55,000 - 100,000 To Be Determined Dakota County Network Proj 14 0 Fiber Optic Upgrade Eagan 300,000 135,000 - - 165,000 - 300,000 To Be Determined Institutional Network Proj 15 0 Drug Task Force Fiber Connection Eagan 50,000 22,500 - - 27,500 - 50,000 To Be Determined Institutional Network Proj 17 0 Rural Connectivity Set-Aside Countywide 100,000 - - - 100,000 - 500,000 To Be Determined To Be Determined Proj 18 0 Well Monitoring Fiber Connections Countywide 150,000 - - - 150,000 - 500,000 To Be Determined Institutional Network Proj 20 0 Fiber Optic Expansion Empire Transportation Facility 150,000 67 500 - 82,500 - X50,000 Dakota County Dakota County Network 2015 Total 3 250 000 1',,2,500 2,057,500 2016 Section Proj 1 DN00009 Traffic Signal Coordination Countywide 100,000 45,000 - - 55,000 - 700,000 Dakota County Institutional Network Proj 2 DN00011Miscellaneous Projects Countywide 100,000 - - - 100,000 - 650,000 Dakota County To Be Determined Proj 16 0 Fiber Optic Upgrade Rosemount 200,000 90,000 - - 110,000 - 200,000 To Be Determined Institutional Network Proj 17 0 Rural Connectivity Set-Aside Countywide 100,000 - - - 100,000 - 500,000 To Be Determined To Be Determined Proj SS 0 Well Monitoring Fiber Connections Countywide 150,000 - - - 150,000 - 500,000 To Be Determined Institutional Network Proj 19 0 Cedar Avenue Transitway Stage II Apple Valley Lakeville Eagan 100,000 45,000 - _ 55,000 100,000 To Be Determined Institutional Network 2016 Total 750,000 180,000 _ 570,000 2,650,000 2017 Section Proj 1 DN00009 Traffic Signal Coordination Countywide 100,000 45,000 - - 55,000 - 700,000 Dakota County Institutional Network Proj 2 DN00011 Miscellaneous Projects Countywide 100,000 - - - 100,000 - 650,000 Dakota County To Be Determined Proj 17 0 Rural Connectivity Set-Aside Countywide 100,000 - - - 100,000 - 500,000 To Be Determined To Be Determined Proj 18 0 Well Monitoring Fiber Connections Countywide 200 000 - - - 200,0.00 500,000,To Be Determined Institutional Network 20171rotal 500,000 45,000 - 455,000 2,350,000 2018 Section Proj 1 DN00009 Traffic Signal Coordination Countywide 100,000 45,000 - - 55,000 - 700,000 Dakota County Institutional Network Proj 2 DN00011 Miscellaneous Projects Countywide 100,000 - - - 100,000 - 650,000 Dakota County To Be Determined Proj 17 0 Rural Connec[ivity Set-Aside Countywide 100,000 - - - 100,000 - 500,000 To Be Determined To Be Determined 2018 Total 300,000 45,000 255,000 1,850,000 2019 Section Proj 1 DN00009 Traffic Signal Coordination Countywide 100,000 45,000 - - 55,000 - 700,000 Dakota County Institutional Network Proj 2 DN00011 Miscellaneous Projects Countywide 100,000 - - - 100,000 - 650,000 Dakota County To Be Determined Proj 17 0 Rural Connectivity Set-Aside Countywide 100,0()0 - - 100,000 - 500,000 To Be Determined To Be Determined - 2019 Total 300,000 45,0110 - 255,000 1,855000 ANNUAL LOCAL FEDERAL STATE FUND OTHER TOTAL LIFE COST SHARE BALANCE PROJECT COST 2015 3,250,000 1,192,500 - 2,057,500 - 5,150,000 2016 750,000 180,000 - - 570,000 - 2,650,000 2017. 500,000 45,000 - - _ 455,000 - 2,350,000 2018 300,000 45,000 - - 255,000 - 1,850,000 2019 300,000 45,000 - 255,000 - 1,850,000 2015-2019 TOTAL 5,100,000 1,507,500 - - 3,592,500 - 13,850,000 000 �. T 0000 .0000 0000 000. City of Apple MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Carol Blommel Johnson, Public Works Superintendent-Utilities DATE: November 13,2014 SUBJECT: APPLICATION TO THE MINNESOTA DEPARTMENT OF HEALTH FOR A SOURCE WATER PROTECTION COMPETITIVE GRANT The Minnesota Department of Health (MDH) has funds available through the Source Water Protection Competitive grant program. The competitive grant program supports management of potential contamination sources that present high risk to drinking water resources. The grant program requires equal financial cost share funding. The attached grant application is for an audit and inspection of high hazard cross connection devices at commercial and industrial properties within the City. The total cost of the audit and inspection is $13,990. The grant application is for $6,995 with matching funds from the 2014 Public Works Utilities Division Budget of $6,995. The 2014 Public Works Utilities Division budget identifies a Cross Connection Study. Recommended Action: Authorize Application to the Minnesota Department of Health for a Source Water Protection Competitive Grant and Authorize the Public Works Director to Sign the Application Form. CBJ:cg Attachment c: Todd Blomstrom, Public Works Director M I N N E S O T A Environmental Health Division Drinking Water Protection Section P.O.Box 64975 E A iEE ar AE 0 St.Paul,Minnesota 55164-0975 Phone:651-201-4700 Source Water Protection Competitive Grant Application— October, 2014 A ' ANT IN... . 1tATION... ` m.:..... . _. , Public Water Supply System: City of Apple Valley PWSID#: 1190001 Street Address: 7100 147"St W Apartment/Unit#: City: Apple Valley County: Dakota ZIP: 55124 Name of the Person who will serve as the Grant Contact: Carol Blommel Johnson Phone: 952-953-2441 Fax: 952-953-2407 Email: cblommel@ci.apple- valley.mn.us Federal Tax Id #: 41-0882559 Name:Todd Blomstrom Title: Public Works Director .._. t'rt..� Total Cost of the Project(Amount Requested + Cost Share): $ ......13,990...................... -- ........... ----- Amount Requested from MDH (fhinimum$ 500 $ .,..,.,,.6,995..................... maximum $10,000 or$30,000 if 3 or more PWS s aDDIV iointiv): Cost Share(amount contributed by the Grantee- must be at least equal to the amount being $ 6,995..................... requested): A: ease provide the following information (use an additional page tf nece ..x. 1. Describe the work that will be performed (use an additional page if necessary): Perform an audit and inspection for potential cross connections and backflow hazards of potable water plumbing at 168 commercial and institutional properties within the City. The City has a RPZ tracking program that has been in place since 1995. The audit would compare commercial properties with RPZ devices in the tracking program to similar properties where the City has no record of RPZ installations. The inspection portion of the project would be to visit 168 properties and identify if RPZ's are in place. The inspection would also identify if other high hazard cross connection backflow prevention devices such as atmospheric vacuum breakers, pressure vacuum breakers or double check valves are installed or should be installed to protect the potable water system. 1a.Amount Requested for performing this Work: $6,995 1b. Cost Share Amount information (list all contributors and corresponding dollar amounts; in-kind contribution is not accepted): Please check one: ❑ I have a state grant. Please describe: ❑ I have a federal grant. Please describe: x❑x I will use my own financial resources ❑ Other. Please describe: 1c.Total Cost for performing Work Item 1 (la + 1b): $13,990 Id.Anticipated outcomes(products)of performing this work: The audit and inspection would help protect the public drinking water supply by identifying high hazard cross connection devices that are not currently being tested and rebuilt as required by the Minnesota Plumbing Code.. ie. Supporting documentation—must check at least one and must attach copies. Without supporting documentation the application will be disqualified x❑x Sanitary survey ❑ MDH approved WHP plan/ Intake protection plan ❑ NOV with Project evaluation form ❑APO with Compliance agreement and Project evaluation form ❑ Project evaluation form—This form will be filled out by the MDH staff assigned to your area. Please contact the appropriate MDH staff before you submit the application RK 2 r �n ®. .............. _. _ � 2. Describe the work that will be performed: 2a.Amount Requested for performing this Work: 2b. Cost Share Amount information (list all contributors and corresponding dollar amounts; in-kind contribution is not accepted): Please check one: ❑ I have a state grant. Please describe: ❑ I have a federal grant. Please describe: ❑ I will use my own financial resources ❑ Other. Please describe: 2c.Total Cost for performing Work Item 2 (2a +2b): 2d.Anticipated outcomes(products)of performing this work: 2e. Supporting documentation —must check at least one and must attach copies. Without supporting documentation the application will be disqualified ❑Sanitary survey ❑ MDH approved WHP plan/ Intake protection plan ❑ NOV with Project evaluation form ❑APO with Compliance agreement and Project evaluation form ❑ Project evaluation form—This form will be filled out by the MDH staff assigned to your area. Please contact the appropriate MDH staff before you submit the application ow ,. � 3. Describe the work that will be performed: 3a.Amount Requested for performing this Work: 3b. Cost Share Amount information (list all contributors and corresponding dollar amounts; in-kind contribution is not accepted): Please check one: ❑ I have a state grant. Please describe: ❑ I have a federal grant. Please describe: ❑ I will use my own financial resources ❑ Other. Please describe: 3c.Total Cost for performing Work Item 3 (3a + 3b): 3d.Anticipated outcomes(products)of performing this work: 3e. Supporting documentation—must check at least one and must attach copies. Without supporting documentation the application will be disqualified ❑ Sanitary survey ❑ MDH approved WHP plan/Intake protection plan - NOV with Project evaluation form APO with Compliance agreement and Project evaluation form Project evaluation form—This form will be filled out by the MDH staff assigned to your area. Please contact the appropriate MDH staff before you submit the application DETAILED BUDGET AND SCHEDULE Please kdacribe all sub-activities thaf`are included in the project with the corresponding costs andestimated date of compuse arronal page if necessary. x Sub-Activity(breakdown of each cost for each work item): Amount Requested from MDH: Cost Share: Estimated start date: High Hazard Cross Connection Audit and Inspection $6,995 $6,995 January 2015 Audit-review existing commercial and institutional RPZ's January 2015 Compare Inspection —site visits to commercial and institutional January 2015 properties Documentation—review inspection reports and notify non- June 2015 compliant properties of inspection and testing requirements 7CiF1E�_ _ - Ogg is k x❑ I have attached for each work item the documentation required under 1e) and/or 1f) Executive Summary x❑ I have filled out all the fields in my application x❑ I have signed my application x❑ I have provided a detailed budget for each work item x❑ I have included an itemized estimate for each work item from the contractor Included in Executive Summary x❑ I have included a separate signed statement or acknowledgement that proves availability of funds to support the cost share during the period of the contract; and describes the source of cost share funding Lettpr alloil E I certify that the information herein is true and accurate to the best of my knowledge and I submit this application on behalf of the applicant public water supply system. I acknowledge that the project will be completed by June 30, 2015 and that all work will meet plan review and inspection requirements, and will be done in accordance with all Local, State and Federal Regulations Signature Date -------------- 0 ------- -a works begin un it all required Signa , an eem and grant ceives a sr opy of, the grans afire N- L---------- ---------------------------------------------------_- ------- INSTRUCTIONS You may complete this form manually or electronically. Please print the information if you opt to do this manually. Once you are finished,you have three options for submitting the application form to the Minnesota Department of Health: Option 1 - Mail the form to: Option 2 - Fax the form to: Option 3- E-mail the form to: Ms. Cristina Covalschi Ms. Cristina Covalschi Cristina.Covalschi@state.mn.us SWP Grant Coordinator SWP Grant Coordinator Minnesota Department of Health (651) 201-4701 P.O. Box 64975 St. Paul, Minnesota 55164-0975 DEFINITIONS OF THE TERMS USED IN THIS FORM (IN THE ORDER ENCOUNTERED): Public Water Supply System means the name that is used by the Minnesota Department of Health to identify the public water supplier and that is associated with a public water supply system identification number. Name of the Grant Contact means the name of the individual who will be responsible for managing the grant. Telephone Number means the telephone number of the contact person that the Minnesota Department of Health can call during its regular business hours(M-F from 8:30 a.m. to 4:30 p.m.). E-mail means an internet address for the contact person that the Minnesota Department of Health can use to electronically transmit information related to the grant. Mailing Address means the mailing address of the Public Supply System that shall be used for correspondence with MDH. Name and Title of the Person Authorized to Sign the Grant Agreement on Behalf of the Public Water Supply System means a person who has authority to administer a financial agreement between the public water supplier and the Minnesota Department of Health. Total Grant Amount Being Requested means the sum of the costs of the work items that are identified in the grant application (1a + 2a + 3a +....) Cost Share Amount means the total estimated contribution in cash that a recipient makes to the award(1b + 2b+ 3b + ....) Cost sharing is auditable and must be allowable under cost principles and verifiable to records. Work Item is the source water protection activity or activities that are to be performed under this part of the grant application. Fill one box for each activity included in the project; feel free to insert more boxes if needed. Amount requested for performing this work means the estimated amount requested by the grantee for completing the activity performed under this part of the application. Estimated start date means the date when you expect to start the work. Product(s)produced or anticipated outcomes of performing this work means the tangible results of performing the work that is funded by this grant. Project evaluation form—internal MDH form that is filled out by MDH staff(engineer, planner, or hydrologist) and serves as supporting documentation with the grant application MDH staff who may provide the PWS with the Project evaluation form - before submitting the application, applicants must consult with MDH staff assigned to their area: http://www.hea lth.state.mn.us/d ivs/eh/water/org/contactlst.html#swp Detailed Budget means a breakdown of costs with a detailed description of all costs. Costs must be based on a written estimate from the contractor/vendor and must be attached to the application.The total must match the dollar amount that is being requested and the total cost share amount. To request this document in a different format please call Section Receptionist: 651-201-4700 000 ITEM NO.: L( , 696 CITY OF Apple Valley MEMO Community Development Department TO: Mayor, City Council, and City Administrator FROM: Thomas J. Lovelace, City Planner DATE: November 7,2014 SUBJECT: Letter of Support of the Minnesota Valley Transit Authority's Regional Solicitation Application for the Expansion of the Apple Valley Transit Station Parking Facility Expansion Attached for your consideration is a draft letter offering the City's support of the Minnesota Valley Transit Authority's (MVTA) Regional Solicitation grant application for 2018-19 federal funds. The MVTA is requesting a grant for the expansion of the Apple Valley Transit Station (AVTS) to add two new parking decks to the existing structured parking facility located at 15450 Cedar Avenue. The estimated cost of the expansions is $6.6 million, of which the MVTA will be requesting a$5.3 million grant, which represents 80% of the total cost. The remaining 20% would be provided by Regional Transit Commission funds. The Regional Solicitation for federal transportation project funding is part of the Metropolitan Council's federally required continuing, comprehensive, and cooperative transportation planning process for the Twin Cities Metropolitan Area. The funding program and related rules and requirements are established by the U.S. Department of Transportation (USDOT) and administered locally through collaboration with the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Minnesota Department of Transportation (MnDOT). Every two years, the Regional Solicitation process allocates federal transportation funds to locally initiated projects to meet regional transportation needs. As the region's federally- designated Metropolitan Planning Organization, the Council works with the Transportation Advisory Board to review and allocate these funds, using an objective, data-driven, transparent process. Recommended Action: Approve the letter of support for Regional Solicitation for funding of the Minnesota Valley Transit Authority's Apple Valley Transit Station parking facility expansion and authorize the Mayor to sign the letter. t E. I Telephone (952) 953-2500 City of Va7100 147th Street West Fax (952) 953-2515 IApple Valley, MN 55124-9016 www.cityofapplevalley.org fff AM I November 13,2014, Elaine Koutsoukos, TAB Coordinator 390 Robert Street North St. Paul, MN 55101 RE: Minnesota Valley Transit Authority's Regional Solicitation Application for the � Expansion of the Apple Valley Transit Station Parldng Facility Expansion Dear Ms. Koutsoukos: On behalf of the Apple Valley City Council and myself, this letter is being written as an offer of our support for the submittal of grant application for the Apple Valley Transit Station expansion project under the Regional Solicitation for federal transportation project funding. The Apple Valley Transit Station(ANTS)is a transit station with a park-and-ride facility located along Cedar Avenue i:-.the City of Apple Valley. METRO Red Line and Minnesota Valley F Transit Authority(MV TA)bus routes serve the facility. Bus routes that connect to AVTS serve over 668,000 passenge=rs per year. The expansion project proposes to add two levels to the existing two-level parry and-ride facility, expanding its capacity by approximately 330 spaces. The facilitycurrently has a total of 768 spaces in a combination of structured and surface Y P E parking. In recent years, the AVTS has operated near capacity, with typical utilization rates over 6 95 percent. With the commencement of the Red Line BRT service in June 2013,the AVTS is consistently operating beyond its design capacity forpark-and-ride users. Park-and-ride users are forced to use less convenient overflow lots and bus layover facilities adjacent to the site, or must continue their trip via automobile if they cannot find adequate parking. According to the f 2030 Regional Park-and-Ride Plan, demand for express bus service on the Minnesota State Trunk Highway 77 corridor will increase by 108 percent between now and 2030 (current park- and-ride capacity on Trunk Highway 77 express bus corridors is 1,692,with a forecasted demand for 3,500 spaces in 2030). Investing in the AVTS will meet both immediate and future needs on the corridor. As part of the project,improvements will be made to the lighting of the facility, and pedestrian connections will be added to surrounding retail areas. I The AVTS provides express service, including reverse commute trips,to the region's three largest job centers (downtown Minneapolis, downtown St. Paul, and the I-494 Corridor), and the University of Minnesota. The station also connects to the regional transitway network via METRO Red Line (METRO Blue Line at Mall of America Station), and there is express bus service from the AVTS to the VA Medical Center. There are links to major employers, schools, and community facilities via suburban local routes or by walking, including Fairview Ridges C I Home of the Minnesota Zoological Garden ! Hospital, downtown Burnsville, City of Apple Valley Facilities (library, city hall,high school), and the commercial areas surrounding the station. The AVTS is a key connection point for people that need to access economically vital resources, and affords them the flexibility to do so without access to an automobile. Expansion of the AVTS will also be a catalyst for future development in Apple Valley,by allowing MVTA to vacate the Gaslight surface parking lot immediately to the southeast of the station, which is currently used for bus layovers and overflow parking. In conclusion, expansion of the AVTS structured parking facility will accommodate current need, allow for future demand, enable the MVTA to be more space efficient, and create redevelopment opportunities in the city on property directly adjacent to the AVTS. Sincerely Mary Hamann-Roland, Mayor City of Apple Valley 0000 f 00 0 ITEM: City Of Apple COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent Agenda ITEM DESCRIPTION: Adopt Resolution Approving the Joint 2015 Funding Application to Dakota County for the Community Landfill Abatement Funds STAFF CONTACT: DEPARTMENT/DIVISION: Charles Grawe, Assistant City Administration Department C Administrator I Action Requested Adopt Resolution Approving the Joint 2015 Funding Application to Dakota County for the Community Landfill Abatement Funds Summary In 2003, the City began joint services with the Cities of Burnsville and Eagan to provide recycling. This agreement allows the three cities to share staff dedicated to the recycling mission, while alleviating City staff in other departments from recycling duties so that they,can focus on other issues. Staff believes the joint effort yields a more efficient and cost-effective recycling operation. Burnsville employees provide the services for Apple Valley and Eagan, answering residents' questions about recycling and disposal and working with each city to reduce waste, reduce contamination of recyclables, and increase environmentally preferable purchases. Dakota County provides funding to cities to promote and operate Landfill Abatement (Recycling) Programs. For 2015,the cooperative group would apply to the County directly for grants on behalf of the cities. The application for the Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. Staff recommends the Council approve the attached resolution approving submission of the 2015 Funding Application for $189,000.00 from Dakota County to operate a joint Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. Budget Impact There is no cost to this request. The total proposed Landfill Abatement Program request from Dakota County for 2015 is $189,000.00. There are two major elements to this budget request: 1. Base level funding for the Recycling Program. Dakota County has set their maximum share for this part of the budget at $179,000.00. 2. Local Negotiated Initiative Funding is a special program above and beyond what is funded by Dakota County in the base budget. The proposal in the amount of$10,000.00 is for a special project. The 2014 special project is promoting organic recycling for businesses. Attachment(s) Resolution Application CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION APPROVING THE SUBMISSION OF THE 2014-2015 JOINT LANDFILL ABATEMENT FUNDING RESOLUTION TO DAKOTA COUNTY WHEREAS,the City Council of the City of Apple Valley supports the extensive use of product recycling in an effort to curb overall reliance on landfill waste disposal systems; and WHEREAS, in 1989 the City initiated a comprehensive household landfill abatement program in order to afford its residents the opportunity to be part of the solid waste management solution which has been continued independently through 2002 and was continued jointly with the Cities of Burnsville and Eagan in 2003; and WHEREAS, it is the City's desire to further support and encourage landfill abatement activities within the community through a joint partnership with the Cities of Burnsville and Eagan, and the Dakota County Board of Commissioners has once again allocated funds for the support of such activities within Dakota County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. That City of Burnsville staff is hereby authorized to submit a joint application for program funding to Dakota County in order to maximize the revenues received by the City to support landfill abatement efforts within the community, and 2. That the joint funding request for the Cities of Apple Valley,Burnsville, and Eagan totals $179,000.00,the maximum allowed under the County funding formula along with a Local Negotiated Initiative Funding request of$10,000.00, and 3. That the Mayor, City Clerk, and City Administrator are hereby authorized to sign the appropriate documents related to the funding application submittal. ADOPTED this 13th day of November, 2014. Mary Hamann-Roland,Mayor ATTEST: Pamela Gackstetter, City Clerk Dakota County, Physical Development Division Environmental Resources Department Jenny Kedward,952-891-7043, Application process:Joan Kowski,952-891-7965, C O U N T Y f{)2 t [ a '`=fi'lc t.sacikot ?"t n u Dakota Valley Recycling 2015 Dakota County Community Funding Application Packet Application Packet and JPA Submittal Due Date: November 15,2014 Funding Period: January 1, 2015- December 31, 2015 2014 ANNUAL REPORT DUE DATE February 15, 2015 Date Application Submitted , 2014 Submit completed Application Packet by: 1. Uploading to the Dakota County Local Solid Waste Staff(LSWS) SharePoint web site URL: aC ? x1dC € ,akS 7' 2. Or by sending to or by mail to: Jenny Kedward _ Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Contact Information for Municipality Designated Municipality Liaison : Susan Bast Title: Environmental Specialist E-mail: Sue.Bast@ci.burnsville.mn.us Mailing Address: 13713 Frontier Court City/State/Zip: Burnsville, MN 55337 Phone: 952-895-4524 FAX Number: 952-895-4531 Municipality: Cities of Apple Valley, Burnsville and Eagan Funding Year: 2015 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body(e.g.,City Council or Commission) requesting the funding allocation OR a certified copy of the official proceedings of the governing body approving the funding allocation. 2. Workplan Attach a Work Plan that includes activities,timeline, and deliverables. 3. Requested Budget Fill in the summary below and attach an itemized budget in Part VI. Fund Request County Fund Eligibility Admin, Outreach/Education, Priority Issue $179,000 $179,000 LNIF, if allocated $10,000 $10,631 TOTAL $189,000 4. Compliance with Public Entity Laws Yes No* MN Stat. 115A.151 (internal recycling programs for facilities under the X municipality's control) MN Stat. 115A.552 (community recycling programs in place) X MN Stat. 115A.552 (residents have the opportunity to recycle) X MN Stat.473.848 and 115A.471 (management of solid waste collected X** under contract from municipal operations) *If no, identify the timeline and steps being taken to obtain compliance. "The City of Burnsville has an Agreement in place with Waste Management to collect the City's waste at no charge until the landfill reaches its permitted capacity. This waste is disposed of in the Burnsville Sanitary Landfill,which is permitted by the MPCA and Dakota County. I certify that this 2015 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true,accurate, and complete to the best of my knowledge. I certify that a 2014 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15,2015. Susan Bast Name of person completing document Signature (electronic signature acceptable) Environmental Specialist October 30, 2015 Title Date 2 2015 Work Plan/Annual Report t �~ Adm,nn ��y��N����������&leetings GOAL: Open communications to share activities and results between County and Municipal staff. The municipality's designated Municipality Liaison must plan to attend at least four out of the following six L5VVSmeetings per year. REPORT: When submitting the Annual Report, check each box next tothe meetings attended. September 10 M rc r 7=r 12 May 14 7o 0 Novembe 12 M!"emalBecg Activities GOAL: Promote recycling and waste reduction in the municipality's administrative buildings. List the activity,general message, date and type of measurement(e.g., attendees to a presentation, number oflabels placed onbins)for each internal outreach activity. REPORT: Update the table with actual measurement when submitting the annual report. GreenDisk Technotrash boxes Recycling Ongoing Pounds (locations in all 3 cities) collected Clean Up Your Office Day Recycling' April Employees (Burnsville, Eagan) Reuse emailed Burnsville All-Crew meeting Recycling April #of attendees 1 Burnsville Sustainability Team Recycling, TBD Employees events(Environmental Reduce, Reuse participating/co Dashboard including mmunication information on HHW collection) pieces developed Participation in Green Step Recycling, Ongoing Steps awarded 8U, Made Abatement & Residential Recycling We b S5meconient GOAL: Consistent recycling and waste abatement messaging through the County. X I verify that all information on the municipal website regarding solid waste reduction, reuse, recycling,organics diversion and household hazardous waste links to applicable County webpages. 3 uired ,%Comm Lfnication GOAL: Inform residents of waste abatement opportunities and household hazardous waste services at The Recycling Zone. Each municipality is required to produce at least one written and electronic (if applicable) communication to every new and existing household for each of the following topics: • Recycling (e.g., curbside and drop-off),waste reduction and/or reuse • The Recycling Zone services List the means of outreach,general message, date produced and type of measurement(e.g., number of newsletters distributed)for each activity. REPORT: Update the table with actual measurement when submitting the annual report. City Newsletter insert Recycling, Spring Readership/ "Environmental Guide(E-Guide) Recycling 2014 Households For Eagan, Burnsville&Apple Zone Valley Required fr –c (Large Communities only) Required of the Rural Solid Waste Commission and communities with over 1,000 households. GOAL: Education of residents including schools and businesses to increase recycling and waste reduction. Each municipality must complete at least FOUR eligible educational activities not covered in the above tables.Suggestions are listed below but other activities may be approved by Department. List the type of measurement (e.g., attendees to a presentation, number articles published). REPORT: Update the table with actual measurement when submitting the annual report Earth Day school Reduce, Late April K-2nd #students and presentations for reuse, graders grade levels Eagan, Burnsville& recycle Apple Valley _ Senior citizen Recycling, Spring or Senior # participants presentations for sustainability Fall/Winter citizens, 55+ Eagan, Burnsville& 2014 or 62+ Apple Valley Presentations/booths Recycling, Various— Community Participants or for community groups waste at least groups number of and events in Eagan, reduction, one in residents Burnsville&Apple Recycling each city visiting booth Valley Zone Burnsville HHW The August All Readership/ postcard Recycling 2014 Burnsville Households Zone _ households Twitter Recycling, Ongoing-- Twitter Twitter (@DVRecycling)for reuse,waste at least 2 users followers I 4 Eagan, Burnsville& reduction, messages ! Apple Valley Recycling per month I Zone Facebook(City of Recycling, Ongoing-- Facebook Facebook likes Burnsville, City of reuse, waste at least 1 users Eagan) reduction message per month Eligible Educational Activities • Sponsor an event for Earth Day,America Recycles Day or Pollution Prevention Week • Coordinate an event for a school(s)about recycling, waste reduction or HHW • Distribute an additional printed or electronic outreach piece about recycling or waste reduction • Presentation/activity to community group (minimum 10 attendees) • Staff a booth at a community event with waste abatement information (minimum 50 attendees) • Post social media messages (posts must be at least monthly) • Other educational activity as approved by Department staff as part of the work plan meeting Kfamte Abate -ni z;nts and Activities GOAL: Increase residential recycling in Dakota County Each municipality must develop programs to increase residential recycling. Use the table to list events and activities where materials are collected to be recycled or reused (not disposal). Activities that do not fit into the table requirements should be listed in the narrative below. REPORT: Update the table with actual measurement when submitting the annual report. Update the narrative with activity outcomes. Collection Events and Activities List the event or activity, date conducted, how it was promoted and the type of measurement (e.g., attendees to an event,weight or volume of material collected). Event promotion may also be used in residential outreach and education (above) if the activity also communicates general recycling, waste reduction and reuse knowledge.Activities that are not associated with a date should be described in the narrative questions below. 3 r x "I Love Burnsville" Early June City Newsletter, press Pounds of Appliance & Electronics I ' release, social media l materials Drop-Off Day posts, City email collected listserv, DVR and city website __- _._..____. ---- HHW Drop-Off Day Late Postcard mailed to all Pounds/types of September Burnsville households, materials press release,social recycled, media posts, City number of cars email listserv, DVR 1 participating and city website 5 _,.. --------- ._.__.._. America Recycles Day ( 11/8/15- City Newsletter, press Pounds of shoes Shoe Recycling Week 11/15/15 release, social media collected posts,City email listserv, DVR and city j_ website Pumpkin recycling 11/7/15 City Newsletter, press Number of j collection release, social media pumpkins posts, City email collected, listserv, DVR and city number of cars website,flyer at participating Halloween hodgepodge .....__....._ ..........._. .._..._ _ "I Love Burnsville" i Early June City Newsletter, press Number of Curbside Collection ( release, social media items collected posts, City email for recycling listserv, DVR and city website .........-- ..............._ "Recycle Your Holidays" December City Newsletter, press Overall results holiday light collection ; 2015- release, social media from RAM (in January posts, City email pounds) 2016 listserv, DVR and city website CFL collection for i Ongoing [ City Newsletter, DVR Number of residents j j website bulbs collected NARRATIVE: Describe other waste abatement activities and/or program development conducted by municipality,such as managing bulky waste. • Education about medication disposal drop-off at City police stations (press releases, newsletter articles,website articles, social media posts). • ARROW program: ongoing work with local businesses on recycling and waste reduction issues. • DVR Recycling hotline: Answer phone calls and emails from residents and businesses about recycling and proper disposal. 1L 2015 Waste Abatement 1. Describe efforts to identify a quantitative waste diversion baseline and annual goal for your municipality(e.g., pounds recycled per household). Burnsville, Eagan and Apple Valley all utilize open-market waste hauling service,with thirteen licensed haulers between the three cities. We will provide information to County as requested. We also plan to look at hauler licensing application options for future years. Describe planning efforts to imp w meat munk, W b.=idc or,anic- rive a on, Organics recycling is currently available at some City facilities and events: Eagan Community Center, Eagan Market Fest, Eagan Art Festival, Burnsville Fire Muster and Music in Kelley Park(Apple Valley). 6 The Eagan Civic Arena, Burnsville Ice Center and Apple Valley Ice Arenas will be implementing organics collection via an MPCA grant in 2015. We will continue to promote backyard composting at booths, presentations and on DVR website. IV: Priority Issue GOAL: Provide consistent recycling opportunities for public gathering areas, including parks, public areas, events and in municipally-owned non-administrative buildings. Municipalities must coordinate to offer recycling in public areas by the end of 2015. Fill out the following workplan by selecting the activities under each Goal that your municipality will accomplish during 2015. For the checked activities, identify when the activity will be completed (timeline). Expand on activity details if needed. REPORT: Fill in the 2015 Results column with outcomes and/or actual diversion measurements. NOTE: If you completed tasks in 2014, mark"completed" under Timeline column. Objective 1: Provide recycling collection in park shelters and along major trails, and applicable public areas °' ®Form a team of stakeholders Completed N OD ®Review goals and expectations Completed ❑Get community input ° ❑X Evaluate parks, public areas Completed LU ®List characteristics/challenges of Completed each park p ®Prioritize parks, public areas Completed ❑Conduct a waste sort(if needed) ❑X Determine needs for each park Completed ❑X Request labels/signs/bins from Feb 2015 E department E ®Post labels/signs Spring 2015 .......... _ ®Relocate existing bins Spring 2015 X❑Place new bins Spring 2015 ......_.._ ......__ ....... ........-. ...............-. -- -.- ..... . 0Identify maintenance improvements Spring/Summer 2015 a; ❑XAnnounce changes to municipal Spring/Summer staff2015 _.............. E ❑X Announce changes to public Spring/Summer 2015 ......... ......--=-— _ v° ❑Place signs explaining program at parks 7 Objective 2: Provide recycling collection in municipally-owned and operated buildings El Form a team of stakeholders .-....___......_.......__""_____._......._____........____............_..__.-_ ......----------------------------........._....... _....... ...._.--- ... ........-._.............._...-- ....._......_....._...-....__... ..._ ......... ..-.._-___._....... lC �D El Review goals and expectations o - ❑Get input(e.g.,vendors, community) (U El Evaluate buildings ❑List characteristics/challenges of W each ......... ❑Assess waste collected (e.g., waste sort) ❑Determine needs for each building c El Request labels/signage from County v a, El Post labels/signage El Relocate existing bins(if needed) ❑X Place new bins (if needed) Spring 2015 El Maintenance improvements v ©Announce changes to municipal staff ! 2015 ............—_........__.._._-......_. __ ..._...................... ...............__. ©Announce changes to public 2015 E ❑X Place signs explaining program at U buildings 2015 Objective 3: Provide recycling and/or organics collection at municipality-run and municipality-sponsore Estimated Recycling, Name of Event Date(s)of event Event location Attendance Organics,or both? June 10, 17, 24 Eagan Market Fest July 1, 7, 15, 22, 29 2,000 per event Both Eagan Festival Aug 5, 12, 19, 26 Grounds Sept 2, 9, 16, 23 4t"of July Fun Fest July 3-4, 2015 200,000 Both Eagan Festival Grounds Eagan Art Festival June 27-28, 2015 8,000 Both Eagan Festival Grounds Holz Farm Spring Festival May 17, 2015 Not known Both Holz Farm, Eagan Lone Oak Days Sept 19-20, 2015 Not known Both Holz Farm, Eagan Halloween Hodge Oct 25, 2015 3200 Both Eagan Community 8 Podge Center Burnsville TBA,Summer 2015 2000 Recycling Nicollet Commons International Festival Park, Burnsville Burnsville Fire Muster Sep 3-6, 2014 15-20,000 Both Civic Center Park, Burnsville Music In The Park June 5, 12, 19, 26 400-800 per event Both Kelley Park,Apple July 10, 17, 24, 31 Valley Night To Unite Aug 4, 2015 175 Recycling Apple Grove Park, Organizers Picnic Apple Valley Night to Unite/ Up to 25 National Night Out Aug 4, 2015 TBD Recycling neighborhoods in Burnsville Apple neighborhood parties Valley, and Eagan Apple Valley Freedom Johnny Cake Ridge Days Carnival July 2-4, 2015 Not known Recycling Park East,Apple Valley 9 Is your municipality applying for LNIF: DYes ❑No The 2015 Local Negotiated Initiative Fund (LNIF)focuses on organics diversion from residents and business recycling outreach. LNIF projects and programs are negotiated with Environmental Resources Department staff prior to submittal of the Application. Department approval is required to receive funding. Eligible LNIF projects: • Education and operation expenses supporting and promoting organics diversion for residents. • Recycling and/or organics diversion education/communication program for businesses. • Recognition program for businesses that implement waste reduction, reuse, recycling and/or organics diversion. • Organics diversion at municipality-sponsored events, such as parades, municipal celebrations, or other short-duration events. • Priority Issue development/completion. • OTHER activity that enhances organics diversion or business recycling or organics diversion LNIF Work Plan and Annual Report: Please identify and describe the proposed activities that your municipality will undertake in the current application year. Please note that LNIF project results must be included in the 2015 Annual Report and include all the below information: 1. Identify the cost and type of LNIF project from the above list of eligible projects that your municipality would like to complete. Name of project: Commercial Organics Project Total cost: $10,000 2. Summarize in two or three paragraphs the work that your municipality would like to perform in this LNIF project area. Include a brief description of why you chose the specific project area, including a discussion of the municipal need. Dakota County applied for and received a grant from the MPCA to work with haulers and a consultant to initiate a Commercial Corridor Pilot Project for organic collection. The DVR project would work with Dakota County and collect information that could be used to develop similar"Commercial Corridor Organic Collection Projects" in future years. The project would identify businesses (restaurants, hospitals, assisted living facilities,grocery stores, and schools) in our cities that would be generators of organic waste and conduct a survey to determine: • Are they already participating in an organics recycling program? • If so,what kind of program (food to hogs), which hauler are they using, where is the material going and how much diversion? • If not, are they interested in getting more information about it? • Are they aware of the 2016 recycling mandate? If the business is interested in further information, DVR staff would conduct a site visit to obtain more specific information: 10 • Analyze recycling and/or organics collection costs • Any packaging issues? • Are they interested in becoming members of ARROW? • Are they interested in a waste sort? The results of the project would be a data base/GIS map with valuable information to develop commercial corridor routes for organics collection in future years. 3. Complete the Work Plan below for each approved initiative. The 2015 results column must be completed at the end of the year. Goal 1. Develop Data Base All of 2015 Spreadsheet Spreadsheet and GIS map _ - — For commercial organics Staff time to conduct visits, Data base $6,000 Data base for future enter data,supervise,etc organic recycling projects Goal 2(if applicable):' ~ --All of 2015 Reports on Reports Conduct Waste Sorts commercial waste ................. . ........ Hire consultant to conduct Ongoing 2015 Up to 10 waste $2,000 Information on waste sorts sorts commercial waste 1 Goal 3(if applicable): _.... Develop, Print& Distribute Spring 2015 2016 mandate $2,000 1 Education that could be Education Organics replicated ......... ........ --- .- Organics recycling, 2016 recycling mandate,ARROW program info,etc . ......... . ................ - REPORT:Answer the following questions when submitting the Annual Report. 4. Describe challenges encountered and possible solutions learned with the project. 5. Briefly describe how the LNIF project will be sustainable after this funding period. 11 Expense Form 20 15 Community Funding Budget and Municipalities must enter estimated costs per line item based on the total community allocation. LNIF allocations are identified separately. Please list all municipality contributions (i.e., financial, staffing, other). Use another table if necessary. Municipality contributions are not mandatory but help the Department identify needs for this program.The total County share may not exceed the "amount of funds eligible for" provided by County staff in the application. Funding from budgets may not be carried over to the next year. Salary 1431126 ' 40,000 183,126 Mileage j 450 350 800 Training/Subscription/Membership 500 1,500 2,000 Consultant/temporary help 2,100 2,100 Design/printing 12,000 4,000 I 16,000 Distribution/mailing 50 3,800 3,850 Advertisement 1,356 j 1,356 Promotional Items ! 2.,190 _ 2,190 Special events fees 3,000 3,000 Data collection/evaluation Containers 14,228 14,228 LNIF 10,000 10,000 *NOTE:To update formulas, press Ctrl +A,then press F9 z. identify trm otal percent FTE for your municipality to coordinate this program: �2 I 12 4- M 0000 Parks and Recreation Department 7100- 147t'Street West City of Apple Apple Valley,MN 55124 Valley 952/953-2300 MEMO DATE: November 10, 2014 TO: Mayor, City Council, and City Administrator FROM: Barry Bernstein, Director of Parks and Recreation SUBJECT: County Road 42 Trail Background: Staff has been working with Dakota County on the potential of adding a trail section from Interstate 35E working its way east through Apple Valley on the north side of County Road 42 to the frontage low volume roads along the County Road. I have enclosed a map of how this trail may impact Apple Valley. Informational Points: • Trail would traverse in front of Redwood Park on north side of County Road 42 • The Community Center sign at Redwood may be impacted • New retaining wall between the pond on the west side of Redwood Park and the County Road would need to be constructed • Improvement of water quality for the pond is part of this project • Dakota County is leading this project with City Staff input This information was reviewed at the November 6, 2014, Parks and Recreation Advisory Committee meeting. The advancement of the trail design through the National Environmental Policy Act(NEPA) environmental review process received unanimous support by the Committee. Recommendation: • To aid the Dakota County plan by issuance of a letter of support for the advancement of the trail design through the National Environmental Policy Act (NEPA) environmental review process. 5 3 _ 4 N , y } a aY _ r VATI x r " r 0 a t .- { « ^ C \ .419. r � ' � •.. � Jam__,.: �'-�=—,.--_�_: 10' TRAIL lo, 6L vo tF Z" r- y. '. _ October 29, 2014 Mr. Gary Reihl Minnesota Department of Transportation State Aid Project Development Engineer 395 John Ireland Boulevard, Room 500 St. Paul, MN 55155 Dear Mr. Reihl: This letter concerns a Dakota County project to construct a 10'wide bituminous trail from Nicollet Avenue in Burnsville to Elm Drive in Apple Valley.This,project has received federal funding and is, therefore, proceeding through the National Environmental Policy Acts(NEPA) and Section 4(f) Negative Declaration statement procedures.The proposed construction iivilJifinpact Redwood Pars,which is owned and operated by the City of App#e-Valley, and is a Section 4(f) resource. Coordination has taken place between representatives of Dakota county and the City of Apple Valley regarding the selection of the trail design invE lving the part--property;As a result of this coordination, the City of Apple Valley is;supportive of the trail design being advanced byOakota County through the National Environmental°policy Act(NEPA) environmental review process. The proposed alignmentfdr;the projeci~will require approximately 0.12 acres of permanent easement and 0.12 acres ot,temporary ea emeKhick is currently technically part of Redwood Park.The proposed trail will aotaciversely:affect the activities,features,and attributes that are important to the resource.This is based on the following considerations: • The area converted isc-u-rrently void of pedestrian or bicycle facilities. • The proposed trail project will enhance access to the park and recreational facilities. • The proposed project will enhance the features of this property and will not detract from the facility's use. . **a 0006 . City of Apple,, Valley MEMO Finance Department TO: Mayor, City Council and Tom Lawell, City Administrator FROM: Ronald Hedberg, Finance Director DATE: November 10, 2014 SUBJECT: Approve The Arbitrage Group, Inc., to Perform Arbitrage Rebate Calculations INTRODUCTION The City Council is asked to authorize the use of The Arbitrage Group, Inc., located in Hudson WI for the arbitrage calculations of some of the recent bond issues. The calculations will identify arbitrage earnings on the spend down of bond proceeds in capital projects funds, in addition to the functioning of debt service funds and the earnings realized by the funds. Northland Securities has served as our financial advisor on these past bond issues and recommends the use of The Arbitrage Group to provide an independent review of the issues. The Arbitrage Group specializes in these specialized arbitrage calculations. We have asked The Arbitrage Group to perform a review of some existing issues and we have identified 5 issues that require additional review. BACKGROUND Arbitrage applies to the investment earnings that exceed the interest expense paid on the tax exempt bonds. If there are excess earnings, there is a rebate requirement where the excess earnings are to be paid to the IRS. The review will include both the construction fund and the related debt service fund for each issue. A few of the bond issues included for review at this time are related to one another. For example; the 2007a, 2008d and a portion of the 2011a bonds are related to the most recent series of Park Bonds, in addition there are unspent proceeds existing of the 2011a bonds. In addition the 2010a refunding bonds refunded a number of issues including a current refunding of the 2004 Refunding Bonds. The Park Bond portion of the 2011 Bonds still has an unspent construction balance of approximately $435,000 and there exists the potential that there are excess earnings on the unspent bond proceeds. The Storm Water portion of the 2011 Bonds also has a remaining proceeds balance and also has a potential for excess earnings that may need to be rebated. The 5 year calculation requirement is approaching on these bonds so it is recommended that the calculation be performed at this time. The costs for the calculations will vary by complexity of each issue and will range from $1,000 to $3,000 and these are not to exceed amounts per issue. The costs of completing the calculations are eligible expenses of the respective debt service fund. Approve The Arbitrage Group, Inc. to Perform Arbitrage Calculations November 10, 2014 The following are the issues identified at this time for a calculation: 2004 GO Imp Bonds $2,750 Was refunded by 2010a 2007a GO Park Bonds $2,750 2008d GO Park Bonds $2,750 2010a GO Refunding Bonds $1,000 • Refund of 2004 GO Imp Bonds • Refund of 2006a GO Bonds • Refund of 2006b GO Equipment certificates • Refund of 2005b GO Storm water Bonds 2011a GO Imp & Park Bonds $3,000 • Storm Water portion • Park portion RECOMMENDATION Staff recommends that The Arbitrage Group be engaged to perform the arbitrage calculations for the City Bond issues. ACTION REQUIRED Authorize engaging The Arbitrage Group to perform the arbitrage calculations for the City Bond issues. Attachments: Background information on The Arbitrage Group Engagement Letter for each issue The Arbitrage Group, Inc. Arbitrage Rebate Compliance Check-up Taxability of your tax-exempt bond may be at The Arbitrage Group provides risk.At no cost, The Arbitrage Group will Free Assessments-We offer objective,unbiased compliance assessments that will allow you to make an provide a rebate compliance check-up. informed business decision of whether or not a particular tax-exempt bond issue may require a The Arbitrage Group,Inc. calculation,and if so,when and how often. Initially formed in 1998 as a result of KPMG's decision to discontinue . Independent Specialty Rebate Analyses-We solely providing arbitrage services,we proudly continue to provide such specialize in independent arbitrage rebate compliance services via our Houston,Texas,Hudson,Wisconsin and Tuscaloosa, and related cash flow and yield verification services. Alabama offices. . Fees that fit your budget We will let you determine a fixed(not to exceed)fee structure that works best for Complimentary Arbitrage Rebate check-up your needs and honor those agreed-upon fees. At no cost or obligation,our professionals will help determine the . Flexible approach-We will share as much or as little of arbitrage rebate requirements of your tax-exempt bond issue and our expertise to better enable our clients to make potential risk of non-compliance(interest,penalties and retroactive educated business decisions. taxability).When prior provider rebate reports have been prepared,we . Time and Cost Savings-We will work directly with can help you develop a plan for future compliance to best balance your trustee or paying agent when possible to directly minimal IRS key dates,disclosure of material audit liabilities,as well as, gather the needed information. comply with bond covenants and budgetary/cash-flow issues. . Quick turn-around that meets deadlines-Whether it is an IRS imposed deadline,needing a rebate liability What is arbitrage? number for the auditors,or your own internal due date, Arbitrage is the profit resulting from the investment of lower-yielding we promise to meet requested deadlines. tax-exempt bond proceeds in higher-yielding taxable securities.To • Quality service by experienced professionals-With prevent taxability of the bonds,IRS regulations require any positive over 50 years combined experience,our rebate arbitrage earnings be paid back(rebated)to the US Treasury. specialists will tailor our procedures to make use of (where appropriate)IRS Regulation elections and Frequency of arbitrage rebate calculations exceptions to best minimize potential rebate liabilities. As a general rule,minimum IRS Regulations would suggest that a calculation be performed every five-years or upon final redemption of the issue. At reduced pro-rated fees,more frequent(annual)calculations Trusted Experience We have prepared thousands of rebate compliance and can be prepared to(1)minimize non-compliance risk,(2)more verification transactions in virtually all of the 50 states. proactively budget for any material rebate liabilities and cash flow We continue to serve direct issuers and borrowers in all issues,and(3)better take advantage of IRS exceptions and elections. industries,including but not limited to: Once all gross proceeds and earnings have been spent,additional formal ➢ Cities,Municipalities,Counties&State issuers calculations may no longer be needed. ➢ For-profit conduit borrowers(industrial development bonds) ➢ 501(c)(3)conduit borrowers ➢ Sewer and Utility issuers For more information on The Arbitrage Group and its history,please visit our website at:www.thearbitrage_group.com or please contact any of our rebate professionals: Gregory A.Ichel H.Troy Merrill Joe L.Aviles Principal Partner Partner 715-386-8044 713-522-8527 713-522-8526 gichel@thearbitrageegroup.com tmerrill@thearbitragegroup.com javiles@thearbitragegroup.com The Arbitrage Group, Inc. October 28, 2014 Ron Hedberg Finance Director City of Agple Valley 7100 147 Street West Apple Valley,MN 55124 Dear Mr. Hedberg: We are pleased to submit this engagement letter which describes the assistance we will provide to the City of Apple Valley, Minnesota (the`Borrower")regarding the calculation of arbitrage earnings for the $4,325,000 City of Apple Valley, Minnesota, General Obligation Improvement Bonds, Series 2004(the 'Bonds"). This letter provides our understanding of the needs of the Borrower, lists the information that is to be provided to The Arbitrage Group, Inc. ("The Group") to compute the arbitrage earnings amount, and describes the procedures to be performed. The Borrower needs to determine the arbitrage earnings amount for the Bonds for the period from October 5,2004 to October 5, 2009 (the "Computation Period"). The arbitrage earnings amount is the difference between: a. The actual earnings on nonpurpose investments purchased with gross proceeds of the Bonds during the Computation Period, and b. The earnings which would have been earned during the Computation Period on nonpurpose investments if such investments had been invested at a rate equal to the yield on the Bonds. The Borrower will be responsible for providing The Group with the applicable documentation required to calculate the arbitrage earnings amount. This documentation includes: 1. IRS Form 8038-G and Table of contents (received); 2. Tax Agreement(received); 3. Official Statement(received); 4. Bank statements (or equivalent) indicating detailed investment activity for the entire Computation Period for each fund/account in which gross proceeds of the Bonds were held. Investment activity details include such items as: a. Type of investment b. Date of purchase/purchase price The Arbitrage Group,Inc. City of Apple Valley,Minnesota Ron Hedberg,Finance Director October 28, 2014 Page 2 c. Interest rate d. Maturity date e. Interest payment dates f. Interest calculation methodology g. Date of sale/sales price Specifically, we need. City provided expenditure and investment detail for the Computation Period related to the Construction Fund, including any allocable re-invested earnings. Utilizing the information provided above,the following procedures will be applied by The Group: 1. Review the documents associated with the issuance of the Bonds to identify key characteristics of the Bonds and the related arbitrage requirements, including that: (i) consistent with the tax certificate that the Bonds are subject to the rebate requirements; (ii) issuance and related costs were allocated for allowable costs at closing and not invested; (iii)the City will provide dates and amounts of expenditures (and allocable dollar re-invested monthly earnings) for the Construction Fund; and(iv) any Operation and Maintenance Fund(as well as any other related or similar funds) are not unconditionally pledged for debt service and not gross proceeds; 2. Review the City-provided information and determine that all such electronic information related to the Computation Period has been provided, including any additional City- provided or authorized information and representations; 3. Calculate the bond yield from the Official Statement for use in updating these calculations; 4. Assemble schedules of investment activity for each fund/account subject to the arbitrage rebate requirements and calculate the arbitrage earnings amount for the Computation Period—assumed to be the Construction Fund(with respect to the Debt Service or Bond Fund (including initial capitalized interest deposit), assume such fund operated as an excludable bona fide debt service fund); 5. Prepare a draft report of our findings which will include a summary of the information and computational assumptions affecting the calculations; 6. Submit our draft report to the Borrower for review and approval; and, 7. Complete quality reviews of the report and the supporting documentation and issue our report to the Borrower along with IRS Form 8038-T if applicable,tailored instructions. The successful completion of this engagement will require close coordination between the personnel resources of the Borrower and The Group. Accordingly, we will assign a Project Director for this engagement to coordinate engagement activities and we would like the Borrower to do the same. We will have no obligation to update our report or to check any revised calculations because of events and transactions occurring subsequent to the date of our report. Our report is to be issued solely for your information and assistance and is not to be quoted or referred to in other documents without our prior written consent. am The Arbitrage Group,Inc. City of Apple Valley,Minnesota Ron Hedberg, Finance Director October 28, 2014 Page 3 It is assumed that all of the appropriate documentation is available in a concise, organized, and complete manner, and that we will have access to the individuals responsible for the investment portfolio. Based on these assumptions,we estimate the fee for the defined Computation Period to not exceed$2,750. These fees would include any out-of-pocket expense incurred by us. We look forward to working with you on this project. If you have any comments or questions regarding this engagement,please do not hesitate to call me at(715) 386-8044. To signify your acceptance of the arrangements described in this letter,please return a signed copy of this letter. Very truly yours, The Arbitrage Group, Inc. Gregory A. Ichel Principal Accepted by: City of Apple Valley, Minnesota By: Title: Date: The Arbitrage Group, Inc. U._'10 .:: n, is October 28, 2014 Ron Hedberg Finance Director City of Apple Valley 7100 147 Street West Apple Valley,MN 55124 Dear Mr. Hedberg: We are pleased to submit this engagement letter which describes the assistance we will provide to the City of Apple Valley,Minnesota(the`Borrower")regarding the calculation of arbitrage earnings for the $6,400,000 City of Apple Valley,Minnesota, General Obligation Park Bonds, Series 2007A (the 'Bonds"). This letter provides our understanding of the needs of the Borrower, lists the information that is to be provided to The Arbitrage Group, Inc. ("The Group") to compute the arbitrage earnings amount, and describes the procedures to be performed. The Borrower needs to determine the arbitrage earnings amount for the Bonds for the period from December 20, 2007 to December 20, 2012 (the "Computation Period"). The arbitrage earnings amount is the difference between: a. The actual earnings on nonpurpose investments purchased with gross proceeds of the Bonds during the Computation Period, and b. The earnings which would have been earned during the Computation Period on nonpurpose investments if such investments had been invested at a rate equal to the yield on the Bonds. The Borrower will be responsible for providing The Group with the applicable documentation required to calculate the arbitrage earnings amount. This documentation includes: 1. IRS Form 8038-G and Table of contents (received); 2. Tax Agreement(received); 3. Official Statement(received); 4. Bank statements (or equivalent) indicating detailed investment activity for the entire Computation Period for each fund/account in which gross proceeds of the Bonds were held. Investment activity details include such items as: a. Type of investment b. Date of purchase/purchase price The Arbitrage Group,Inc. City of Apple Valley,Minnesota Ron Hedberg, Finance Director October 28, 2014 Page 2 c. Interest rate d. Maturity date e. Interest payment dates f. Interest calculation methodology g. Date of sale/sales price Specifically, we need: City provided expenditure and investment detail for the Computation Period related to the Construction Fund, including any allocable re-invested earnings Utilizing the information provided above, the following procedures will be applied by The Group: 1. Review the documents associated with the issuance of the Bonds to identify key characteristics of the Bonds and the related arbitrage requirements, including that: (i) consistent with the tax certificate that the Bonds are subject to the rebate requirements; (ii) issuance and related costs were allocated for allowable costs at closing and not invested; (iii) the City will provide dates and amounts of expenditures (and allocable dollar re-invested monthly earnings) for the Construction Fund(we anticipate (if needed) to also prepare a pro-rata dollar allocation if and when the series 2008d proceeds are deposited into the same account); and(iv) any Operation and Maintenance Fund(as well as any other related or similar funds) are not unconditionally pledged for debt service and not gross proceeds; 2. Review the City-provided information and determine that all such electronic information related to the Computation Period has been provided, including any additional City- provided or authorized information and representations; 3. Calculate the bond yield from the Official Statement for use in updating these calculations; 4. Assemble schedules of investment activity for each fund/account subject to the arbitrage rebate requirements and calculate the arbitrage earnings amount for the Computation Period—assumed to be the Construction Fund(with respect to the Debt Service or Bond Fund (including initial capitalized interest deposit), assume such fund operated as an excludable bona fide debt service fund); 5. Prepare a draft report of our findings which will include a summary of the information and computational assumptions affecting the calculations; 6. Submit our draft report to the Borrower for review and approval; and, 7. Complete quality reviews of the report and the supporting documentation and issue our report to the Borrower along with IRS Form 8038-T if applicable, tailored instructions. The successful completion of this engagement will require close coordination between the personnel resources of the Borrower and The Group. Accordingly, we will assign a Project Director for this engagement to coordinate engagement activities and we would like the Borrower to do the same. We will have no obligation to update our report or to check any revised calculations because of events and transactions occurring subsequent to the date of our report. Our report is to be issued solely for your information and assistance and is not to be quoted or referred to in other documents without our prior written consent. The Arbitrage Group,Inc. City of Apple Valley,Minnesota Ron Hedberg,Finance Director October 28, 2014 Page 3 It is assumed that all of the appropriate documentation is available in a concise, organized, and complete manner, and that we will have access to the individuals responsible for the investment portfolio. Based on these assumptions,we estimate the fee for the defined Computation Period to not exceed$2,750. These fees would include any out-of-pocket expense incurred by us. We look forward to working with you on this project. If you have any comments or questions regarding this engagement,please do not hesitate to call me at(715) 386-8044. To signify your acceptance of the arrangements described in this letter,please return a signed copy of this letter. Very truly yours, The Arbitrage Group,Inc. .04-016-11 Gregory A. Ichel Principal Accepted by: City of Apple Valley, Minnesota By: Title: Date: The Arbitrage Group, Inc. .,ke.T E:,t;01t October 28, 2014 Ron Hedberg Finance Director City of Agple Valley 7100 147 Street West Apple Valley,MN 55124 Dear Mr. Hedberg: We are pleased to submit this engagement letter which describes the assistance we will provide to the City of Apple Valley,Minnesota(the`Borrower")regarding the calculation of arbitrage earnings for the $6,685,000 City of Apple Valley,Minnesota, General Obligation Park Bonds, Series 2008D (the 'Bonds"). This letter provides our understanding of the needs of the Borrower, lists the information that is to be provided to The Arbitrage Group, Inc. ("The Group") to compute the arbitrage earnings amount, and describes the procedures to be performed. The Borrower needs to determine the arbitrage earnings amount for the Bonds for the period from June 18, 2008 to June 18, 2013 (the "Computation Period"). The arbitrage earnings amount is the difference between: a. The actual earnings on nonpurpose investments purchased with gross proceeds of the Bonds during the Computation Period, and b. The earnings which would have been earned during the Computation Period on nonpurpose investments if such investments had been invested at a rate equal to the yield on the Bonds. The Borrower will be responsible for providing The Group with the applicable documentation required to calculate the arbitrage earnings amount. This documentation includes: 1. IRS Form 8038-G and Table of contents (received); 2. Tax Agreement(received); 3. Official Statement(received); 4. Bank statements (or equivalent) indicating detailed investment activity for the entire Computation Period for each fund/account in which gross proceeds of the Bonds were held. Investment activity details include such items as: a. Type of investment b. Date of purchase/purchase price The Arbitrage Group,Inc. City of Apple Valley, Minnesota Ron Hedberg, Finance Director October 28, 2014 Page 2 c. Interest rate d. Maturity date e. Interest payment dates f. Interest calculation methodology g. Date of sale/sales price Specifically, we need. City provided expenditure and investment detail for the Computation Period related to the Construction Fund, including any allocable re-invested earnings. Utilizing the information provided above, the following procedures will be applied by The Group: 1. Review the documents associated with the issuance of the Bonds to identify key characteristics of the Bonds and the related arbitrage requirements, including that: (i) consistent with the tax certificate that the Bonds are subject to the rebate requirements; (ii) issuance and related costs were allocated for allowable costs at closing and not invested; (iii) the City will provide dates and amounts of expenditures (and allocable dollar re-invested monthly earnings) for the Construction Fund(we anticipate(if needed)to also prepare a pro-rata dollar allocation if and when proceeds of the Bonds were also deposited into the same series 2007a account); and (iv) any Operation and Maintenance Fund(as well as any other related or similar funds) are not unconditionally pledged for debt service and not gross proceeds; 2. Review the City-provided information and determine that all such electronic information related to the Computation Period has been provided, including any additional City- provided or authorized information and representations; 3. Calculate the bond yield from the Official Statement for use in updating these calculations; 4. Assemble schedules of investment activity for each fund/account subject to the arbitrage rebate requirements and calculate the arbitrage earnings amount for the Computation Period—assumed to be the Construction Fund(with respect to the Debt Service or Bond Fund (including initial capitalized interest deposit), assume such fund operated as an excludable bona fide debt service fund); 5. Prepare a draft report of our findings which will include a summary of the information and computational assumptions affecting the calculations; 6. Submit our draft report to the Borrower for review and approval; and, 7. Complete quality reviews of the report and the supporting documentation and issue our report to the Borrower along with IRS Form 8038-T if applicable, tailored instructions. The successful completion of this engagement will require close coordination between the personnel resources of the Borrower and The Group. Accordingly, we will assign a Project Director for this engagement to coordinate engagement activities and we would like the Borrower to do the same. We will have no obligation to update our report or to check any revised calculations because of events and transactions occurring subsequent to the date of our report. Our report is to be issued solely for your information and assistance and is not to be quoted or referred to in other documents without our prior written consent. ON Oil The Arbitrage Group,Inc. City of Apple Valley,Minnesota Ron Hedberg, Finance Director October 28, 2014 Page 3 It is assumed that all of the appropriate documentation is available in a concise, organized,and complete manner, and that we will have access to the individuals responsible for the investment portfolio. Based on these assumptions,we estimate the fee for the defined Computation Period to not exceed$2,750. These fees would include any out-of-pocket expense incurred by us. We look forward to working with you on this project. If you have any comments or questions regarding this engagement,please do not hesitate to call me at(715) 386-8044. To signify your acceptance of the arrangements described in this letter,please return a signed copy of this letter. Very truly yours, The Arbitrage Group, Inc. Gregory A. Ichel Principal Accepted by: City of Apple Valley,Minnesota By: Title: Date: The Arbitrage Group, Inc. [uc6k-1.VV;--om�in 54016 October 28, 2014 Ron Hedberg Finance Director City of Agple Valley 7100 147 Street West Apple Valley,MN 55124 Dear Mr. Hedberg: We are pleased to submit this engagement letter which describes the assistance we will provide to the City of Apple Valley,Minnesota(the "Borrower")regarding the calculation of arbitrage earnings for the $4,320,000 City of Apple Valley,Minnesota, General Obligation Refunding Bonds, Series 2010A(the "Bonds"). This letter provides our understanding of the needs of the Borrower, lists the information that is to be provided to The Arbitrage Group, Inc. ("The Group") to compute the arbitrage earnings amount, and describes the procedures to be performed. The Borrower needs to determine the arbitrage earnings amount for the Bonds for the period from September 30, 2010 to September 30, 2014 (the "Computation Period"). The arbitrage earnings amount is the difference between: a. The actual earnings on nonpurpose investments purchased with gross proceeds of the Bonds during the Computation Period, and b. The earnings which would have been earned during the Computation Period on nonpurpose investments if such investments had been invested at a rate equal to the yield on the Bonds. The Borrower will be responsible for providing The Group with the applicable documentation required to calculate the arbitrage earnings amount. This documentation includes: 1. IRS Form 8038-G and Table of contents (received); 2. Tax Agreement(received); 3. Official Statement(received); 4. Escrow statements (or equivalent) indicating detailed investment activity for the entire Computation Period for each fund/account in which gross proceeds of the Bonds were held. Investment activity details include such items as: a. Type of investment b. Date of purchase/purchase price ME The Arbitrage Group,Inc. City of Apple Valley, Minnesota Ron Hedberg, Finance Director October 28, 2014 Page 2 c. Interest rate d. Maturity date e. Interest payment dates £ Interest calculation methodology g. Date of sale/sales price Specifically, we need: City provided escrow statement detail for the Computation Period related to the Escrow Fund. Utilizing the information provided above, the following procedures will be applied by The Group: 1. Review the documents associated with the issuance of the Bonds to identify key characteristics of the Bonds and the related arbitrage requirements, including that: (i) consistent with the tax certificate that the Bonds are subject to the yield restriction requirements; (ii) issuance and related costs were allocated for allowable costs at closing and not invested; (iii) there were no unspent prior issue amounts that would otherwise constitute transferred proceeds of the Bonds; and(iv) any Operation and Maintenance Fund(as well as any other related or similar funds) are not unconditionally pledged for debt service and not gross proceeds; 2. Review the City-provided information and determine that all such electronic information related to the Computation Period has been provided, including any additional City- provided or authorized information and representations; 3. Calculate the bond yield from the Official Statement for use in updating these calculations; 4. Assemble schedules of investment activity for each fund/account subject to the arbitrage rebate requirements and calculate the arbitrage earnings amount for the Computation Period—assumed to Escrow Fund(with respect to the Debt Service or Bond Fund(including initial capitalized interest deposit), assume such fund operated as an excludable bona fide debt service fund; 5. Prepare a draft report of our findings which will include a summary of the information and computational assumptions affecting the calculations; 6. Submit our draft report to the Borrower for review and approval; and, 7. Complete quality reviews of the report and the supporting documentation and issue our report to the Borrower along with IRS Form 8038-T if applicable, tailored instructions. The successful completion of this engagement will require close coordination between the personnel resources of the Borrower and The Group. Accordingly, we will assign a Project Director for this engagement to coordinate engagement activities and we would like the Borrower to do the same. We will have no obligation to update our report or to check any revised calculations because of events and transactions occurring subsequent to the date of our report. Our report is to be issued solely for your information and assistance and is not to be quoted or referred to in other documents without our prior written consent. ME The Arbitrage Group,Inc. City of Apple Valley,Minnesota Ron Hedberg,Finance Director October 28, 2014 Page 3 It is assumed that all of the appropriate documentation is available in a concise, organized, and complete manner, and that we will have access to the individuals responsible for the investment portfolio. Based on these assumptions,we estimate the fee for the defined Computation Period to not exceed$1,000. These fees would include any out-of-pocket expense incurred by us. We look forward to working with you on this project. If you have any comments or questions regarding this engagement,please do not hesitate to call me at(715) 386-8044. To signify your acceptance of the arrangements described in this letter,please return a signed copy of this letter. Very truly yours, The Arbitrage Group, Inc. Gregory A. Ichel Principal Accepted by: City of Apple Valley,Minnesota By: Title: Date: ME The Arbitrage Group, Inc. n E'C ,, �?:,l���f'4?c _.s1ef;i_?vG.e v`S� [j Iear€r3'',`J U11._.7':;: `.dun 2 f October 27, 2014 Ron Hedberg Finance Director City of Agple Valley 7100 147 Street West Apple Valley,MN 55124 Dear Mr. Hedberg: We are pleased to submit this engagement letter which describes the assistance we will provide to the City of Apple Valley,Minnesota(the`Borrower")regarding the calculation of arbitrage earnings for the $3,945,000 City of Apple Valley,Minnesota, General Obligation Bonds, Series 2011 A (the 'Bonds"). This letter provides our understanding of the needs of the Borrower, lists the information that is to be provided to The Arbitrage Group, Inc. ("The Group")to compute the arbitrage earnings amount, and describes the procedures to be performed. The Borrower needs to determine the arbitrage earnings amount for the Bonds for the period from June 29, 2011 to June 29, 2014 (the "Computation Period"). The arbitrage earnings amount is the difference between: a. The actual earnings on nonpurpose investments purchased with gross proceeds of the Bonds during the Computation Period, and b. The earnings which would have been earned during the Computation Period on nonpurpose investments if such investments had been invested at a rate equal to the yield on the Bonds. The Borrower will be responsible for providing The Group with the applicable documentation required to calculate the arbitrage earnings amount. This documentation includes: 1. IRS Form 8038-G and Table of contents (received); 2. Tax Agreement(received); 3. Official Statement(received); 4. Bank statements (or equivalent) indicating detailed investment activity for the entire Computation Period for each fund/account in which gross proceeds of the Bonds were held. Investment activity details include such items as: a. Type of investment b. Date of purchase/purchase price no The Arbitrage Group,Inc. City of Apple Valley, Minnesota Ron Hedberg, Finance Director October 27, 2014 Page 2 c. Interest rate d. Maturity date e. Interest payment dates f. Interest calculation methodology g. Date of sale/sales price Specifically, we need. City provided expenditure and investment detail for the Computation Period related to the Park and Storm Water Construction funds, including allocable investment earnings. Utilizing the information provided above, the following procedures will be applied by The Group: I. Review the documents associated with the issuance of the Bonds to identify key characteristics of the Bonds and the related arbitrage requirements, including that: (i) consistent with the tax certificate that the Bonds are subject to the rebate requirements; (ii) issuance costs were allocated for allowable costs at closing and not invested; (iii)the City will provide dates and amounts of expenditures (and allocable dollar re-invested monthly earnings) for the Park and Storm Construction Funds; and(iv)the Operation and Maintenance Fund (as well as any other related or similar funds) are not unconditionally pledged for debt service and not gross proceeds; 2. Review the City-provided information and determine that all such electronic information related to the Computation Period has been provided, including any additional City- provided or authorized information and representations; 3. Calculate the bond yield from the Official Statement for use in updating these calculations; 4. Assemble schedules of investment activity for each fund/account subject to the arbitrage rebate requirements and calculate the arbitrage earnings amount for the Computation Period—assumed to constitute the Construction Fund(s) (Park and Storm) (with respect to the Debt Service or Bond Fund(including initial capitalized interest deposit), assume such fund operated as an excludable bona fide debt service fund; 5. Prepare a draft report of our findings which will include a summary of the information and computational assumptions affecting the calculations; 6. Submit our draft report to the Borrower for review and approval; and, 7. Complete quality reviews of the report and the supporting documentation and issue our report to the Borrower along with IRS Form 8038-T if applicable, tailored instructions. The successful completion of this engagement will require close coordination between the personnel resources of the Borrower and The Group. Accordingly, we will assign a Project Director for this engagement to coordinate engagement activities and we would like the Borrower to do the same. We will have no obligation to update our report or to check any revised calculations because of events and transactions occurring subsequent to the date of our report. Our report is to be issued solely for your information and assistance and is not to be quoted or referred to in other documents without our prior written consent. The Arbitrage Group,Inc. City of Apple Valley,Minnesota Ron Hedberg, Finance Director October 27, 2014 Page 3 It is assumed that all of the appropriate documentation is available in a concise, organized, and complete manner, and that we will have access to the individuals responsible for the investment portfolio. Based on these assumptions,we estimate the fee for the defined Computation Period to not exceed$3,000. If gross proceeds subject to either rebate or yield restriction exist subsequent to the conclusion of the Computation Period and the Borrower would like annual cumulative calculation updates to June 29, 2015 and June 29, 2016, each subsequent one-year period fees will not exceed$1,000. These fees would include any out-of-pocket expense incurred by us. We look forward to working with you on this project. If you have any comments or questions regarding this engagement,please do not hesitate to call me at(715) 386-8044. To signify your acceptance of the arrangements described in this letter,please return a signed copy of this letter. Very truly yours, The Arbitrage Group, Inc. ::;�_eJ Gregory A. Ichel Principal Accepted by: City of Apple Valley,Minnesota By: Title: Date: 4. a City of Apple MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Jane Byron,Water Quality Technician DATE: November 13, 2014 SUBJECT: WETLAND DELINEATION FOR NORTH CREEK REGIONAL BIKE TRAIL A wetland delineation is required by the Minnesota Wetland Conservation Act (WCA) when a project may adversely impact a wetland, primarily by draining or filling a portion of it. A Local Government Unit (LGU) is responsible for administering the program. The City of Apple Valley is the LGU for projects taking place in Apple Valley. As a part of the North Creek Regional Bike Trail project, Dakota County located and found the boundaries of all wetlands occurring within the project bounds adjacent to McAndrews Rd and the MnZoo Entrance, and through MnZoo property to Johnny Cake Ridge Rd. A complete wetland delineation report was submitted October 8, 2014,by WSB &Associates, Inc., on behalf of Dakota County. The report depicts the location of wetland boundaries, a determination of wetland types, the methods used to determine boundaries, and the evidence supporting the location of wetland boundaries. Attached for your review is a copy of the delineation report dated September 10, 2014, and Addendums 1 & 3 to the delineation report received on October 8, 2014. (Addendum 2 was omitted during the comment period.) Should the Mayor and City Council approve the wetland delineation, a Notice of Decision will be sent to all required parties. Based on the conditions found on site September 30 and November 5, 2014, staff believes the wetland delineation conforms to standards found within the ACOE 1987 Wetland Delineation Manual, accompanying supplements, and the standards of the Minnesota Wetland Conservation Act. Recommended Action: Approve the Wetland Delineation for the North Creek Regional Trail project as summarized in the complete delineation report of October 8, 2014. JB:cg Attachments c: Todd Blomstrom I fr VB a}.UR� Engineering ■ Planning ■ Environmental ■ Construction 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: Jeff Kehrer, City of Apple Valley Mark Zabel, Vermillion River Watershed District Dennis Rodacker,Board of Water and Soil Resources Jennie Skancke Department of Natural Resources Travis Wiley, US Army Corps of Engineers Brain Watson,Dakota County SWCD Cc: Chris Hartzell,Dakota County George Watson, WSB &Associates,Inc. From: Alison Harwood, RSB &Associates,Inc. Date: September 10, 2014 Re: North Creek Regional Bike Trail Wetland Delineation Report WSB Project No. 1728-120 Dakota Co. Project No. 97-143 On behalf of Dakota County, please find the enclosed wetland delineation report for the proposed North Creek Regional Trail project. If you have any questions, or require additional information,please contact me at 763-231-4847 or aharwoodgwsbeng com. Minneapolis■St.Cloud Equal Opportunity Employer Joint Application Form for Activities Affecting Water Resources in Minnesota This joint application form is the accepted means for initiating review of proposals that may affect a water resource(wetland, tributary,lake,etc.)in the State of Minnesota under state and federal regulatory programs.Applicants for Minnesota Department of Natural Resources(DNR) Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. Applicants can use the information entered into MPARS to substitute for completing parts of this joint application form (see the paragraph on MPARS at the end of the joint application form instructions for additional information).This form is only applicable to the water resource aspects of proposed projects under state and federal regulatory programs;other local applications and approvals may be required. Depending on the nature of the project and the location and type of water resources impacted, multiple authorizations may be required as different regulatory programs have different types of jurisdiction over different types of resources. Regulatory Review Structure Federal The St. Paul District of the U.S.Army Corps of Engineers(Corps)is the federal agency that regulates discharges of dredged or fill material into waters of the United States(wetlands,tributaries, lakes,etc.)under Section 404 of the Clean Water Act(CWA)and regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project managers who are responsible for implementing the Corps regulatory program within a particular geographic area. State There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act (WCA)regulates most activities affecting wetlands. It is administered by local government units(LGUs)which can be counties, townships,cities,watershed districts,watershed management organizations or state agencies(on state-owned land).The Minnesota DNR Division of Ecological and Water Resources issues permits for work in specially-designated public waters via the Public Waters Work Permit Program(DNR Public Waters Permits). The Minnesota Pollution Control Agency(MPCA)under Section 401 of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit or license comply with state water quality standards.One or more of these regulatory programs may be applicable to any one project. Required Information Prior to submitting an application,applicants are strongly encouraged to seek input from the Corps Project Manager and LGU staff to identify regulatory issues and required application materials for their proposed project. Project proponents can request a pre- application consultation with the Corps and LGU to discuss their proposed project by providing the information required in Sections 1 through 5 of this joint application form to facilitate a meaningful discussion about their project. Many LGUs provide a venue(such as regularly scheduled technical evaluation panel meetings)for potential applicants to discuss their projects with multiple agencies prior to submitting an application.Contact information is provided below. The following bullets outline the information generally required for several common types of determinations/authorizations. • For delineation approvals and/or jurisdictional determinations,submit Parts 1,2 and 5,and Attachment A. • For activities involving CWA/WCA exemptions,WCA no-loss determinations,and activities not requiring mitigation, submit Parts 1 through 5,and Attachment B. • For activities requiring compensatory mitigation/replacement plan,submit Parts 1 thru 5,and Attachments C and D. • For local road authority activities that qualify for the state's local road wetland replacement program,submit Parts 1 through 5,and Attachments C, D(if applicable),and E to both the Corps and the LGU. Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 11 Submission Instructions Send the completed joint application form and all required attachments to: U.S Army Corps of Engineers.Applications may be sent directly to the appropriate Corps Office. For a current listing of areas of responsibilities and contact information,visit the St. Paul District's website at: http://www.mvp.usace.army.mil/Missions/Regulatory.aspx and select"Minnesota"from the contact Information box. Alternatively,applications may be sent directly to the St. Paul District Headquarters and the Corps will forward them to the appropriate field office. Section 401 Water Quality Certification:Applicants do not need to submit the joint application form to the MPCA unless specifically requested. The MPCA will request a copy of the completed joint application form directly from an applicant when they determine an individual 401 water quality certification is required for a proposed project. Wetland Conservation Act Local Government Unit: Send to the appropriate Local Government Unit. If necessary,Icontact your county Soil and Water Conservation District(SWCD)office or visit the Board of Water and Soil Resources(BWSR)web site (www.bwsr.state.mn.us)to determine the appropriate LGU. DNR Public Waters Permitting: In 2014 the DNR will begin using the Minnesota DNR Permitting and Reporting System (MPARS)for submission of Public Waters permit applications(https://webapr)sll.dnr.state.mn.us/mpars/public/authentication/login). Applicants for Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. To avoid duplication and to streamline the application process among the various resource agencies,applicants can use the information entered into MPARS to substitute for completing parts of this joint application form. The MPARS print/save function will provide the applicant with a copy of the Public Waters permit application which,at a minimum,will satisfy Parts one and two of this joint application. For certain types of activities,the MPARS application may also provide all of the necessary information required under Parts three and four of the joint application. However,it is the responsibility of the Applicant to make sure that the joint application contains all of the required information,including identification of all aquatic resources impacted by the project(see Part four of the joint application). After confirming that the MPARS application contains all of the required information in Parts one and two the Applicant may attach a copy to the joint application and fill in any missing information in the remainder of the joint application. Minnesota Interagency Water Resource Application Form February 2014 Page 2 of 11 Project Name and/or Number: 1728-12 PART ONE: Applicant Information If applicant is an entity(company,government entity, partnership,etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant, lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: Dakota County(Chris Hartzell) Mailing Address: 14955 Galaxie Ave W,Apple Valley, MN Phone: 952-891-7570 E-mail Address: chris.hartzell@co.dakota.mn.us Authorized Contact(do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: WSB&Associates(Alison Harwood) Mailing Address: 701 Xenia Ave S#300, Minneapolis, MN 55416 Phone: 763-231-4847(Office) E-mail Address: aharwood@wsbeng.com PART TWO: Site Location Information County: Dakota City/Township: Apple Valley Parcel ID and/or Address: Along the south side of McAndrews Rd from 500 feet west to 950 feet East of the MN Zoo entrance(Zoo Blvd)and along the east side of Zoo Blvd into Parcel 037- 014870001011.Also within the southeastern corner of 037-014870001011. Legal Description(Section,Township,Range): Section: 14,Township: 115N, Range:20W Lat/Long(decimal degrees): 44.76/-93.19 Attach a map showing the location of the site in relation to local streets,roads,highways. Approximate size of site(acres)or if a linear project,length(feet): 8335(Feet) If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 4345 2012oct pdf PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland,lake,tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character,and dimensions of all proposed activities and aquatic resource impacts. Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11 Project Name and/or Number: 1728-12 Dakota County is proposing to extend the North Creek Bike Trail north through the eastern portion of the Minnesota Zoo property. Included with this extension is a new biker and pedestrian bridge that crosses County Rd.38 into the Minnesota Zoo Main Entrance,following immediately adjacent to Zoo Blvd. PART FOUR: Aquatic Resource Impact 1 Summary If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts.Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic Type of Impact Duration of County,Major Existing Plant Aquatic Resource Resource Type (fill,excavate, Impact Overall Size of Watershed#, ID(as noted on drain,or Permanent(P) Size of Impact Aquatic Community and Bank Temporary tributary etc.) overhead view) (wetland,lake, remove or Tem Resource a Type(s)in A p y Impact Area4 Service Area It vegetation) (T) of Impact Areas iIf impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220)". 2Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre, Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 square feet). #This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". °Use Weiland Plants and Plant Community Types of Minnesota and Wisconsin 3`a Ed.as modified in MN Rules 8420.0405 Subp.2. sRefer to Major Watershed and Bank Service Area maps in MN Rules 8420,0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here if you are requesting apre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below,I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. fit' Signature: Date: IV I hereby authorize Alison Harwood to act on my behalf as my agent in the processing of this application and to furnish,upon request,supplemental information in support of this application. ( 'The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 11 Project Name and/or Number: 17 2 8- 12 Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District (Corps)and/or the Wetland Conservation Act Local Government Unit(LGU)provide me with the following(check all that apply): ®Wetland Type Confirmation ®Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring,not concurring,or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area (including wetlands,tributaries,lakes,etc.). ®Preliminary Jurisdictional Determination.A preliminary jurisdictional determination(PJD)is a non-binding written indication from the Corps that waters,including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ❑Approved Jurisdictional Determination.An approved jurisdictional determination(AJD)is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the affected party for five years.An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual,and the Guidelines for Submitting Wetland Delineations in Minnesota(2013). http://www.mvp.usace.army.mil/Missions/Regulatory/Delineationi DGu idance.aspx Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 11 September 10, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WETLAND fl N T Y Delineation Dakota County Report 14955 Galaxie Ave W. • Apple Valley,MN 55124-8579 North Creek Regional Bike Trail Dakota County, Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WS8 Project No. 1728-120 y � i e , .r ... . � d A 701 Xenia Avenue South,Suite 300 WSB Minneapolis,MN 55416 Tel:(763)541-4800 ' Fax:(763)541-1700 &Assoc wsbeng.com LEVEL 2 WETLAND DELINEATION REPORT North Creek Regional Bike Trail For: Dakota County, MN September 10,2014 Prepared By: WSB &Associates,Inc. 701 Xenia Avenue S., Suite 300 Minneapolis,MN 55416 (763)541-4800 (763) 541-1700 (Fax) WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e i WSB Project No.01728-120 CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a Certified Wetland Delineator in the State of Minnesota. Alison Harwood Date: 9/10/2014 WDC No. 1238 Quality Assurance Review completed By: Alison Harwood Date: 9/10/2014 WDC No. 1238 WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e WSB Project No.01728-120 TABLE OF CONTENTS Table of Contents I. Introduction.........................................................................................................................................1 A. Project Location.......................................................................................................................... 1 B. Project Purpose........................................................................................................................... 1 C. Summary of Findings.................................................................................................................. 1 II. Delineation Procedure....................................................................................................................2 A. Off-Site Determination: Base Map Review...............................................................................2 B. On-Site Determination................................................................................................................2 III. Results and Wetland Information.................................................................................................4 A. Wetland A....................................................................................................................................4 B. Wetland B....................................................................................................................................5 C. Wetland C....................................................................................................................................6 D. Wetland E....................................................................................................................................6 E. Wetland F....................................................................................................................................7 F. Wetland G....................................................................................................................................8 G. Wetland H....................................................................................................................................9 IV. Additional Sampled Areas............................................................................................................10 A. Sample Point D..........................................................................................................................10 B. Sample Point I...........................................................................................................................10 V. Closing Statements........................................................................................................................ 11 VI. References......................................................................................................................................12 Appendix A: Figure l —Project Location Figure 2—National Wetlands Inventory and DNR Public Waters Figure 3—Dakota County Soil Survey Appendix B: Figure 4& 5—Wetland Boundary Map(South and North halves) Figure 6& 7—Wetland Type Map(South and North halves) Delineation Data Sheets Appendix C: Antecedent Precipitation Data Wetland Photos WETLAND DELINEATION REPORT North Creek Regional Bike Trail Page iii WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT L Introduction A. Project Location This project is located in Apple Valley,MN along County Road 38 from Johnny Cake Ridge Rd to the Minnesota Zoo Entrance(Zoo Blvd),and along Zoo Blvd in the eastern portion of the Minnesota Zoo Property. The project corridor is approximately 1.58 miles in length and is mapped within Section 14 of Township 115N,Range 20W(Figure 1,Appendix A). B. Project Purpose Dakota County is proposing to extend the North Creek Bike Trail north through the eastern portion of the Minnesota Zoo property. Included with this extension is a new biker and pedestrian bridge that crosses County Rd. 38 into the Minnesota Zoo Main Entrance,following immediately adjacent to Zoo Blvd. This report is intended to address all jurisdictional WCA,Public Water,or Section 404 wetlands and/or waters for final design and permitting of this project. This project was authorized by the Dakota County,Minnesota. C. Summary of Findings A total of seven wetlands were identified and delineated for the preparation of this report,as summarized in Table 1. For a visual representation of the wetland locations and size,please see Appendix B, Figure 4.All potential wetland areas (mapped hydric soils,NWI signatures, and low depressional areas)were reviewed on-site and either delineated or determined to be upland. Table 1. Summary of Delineated Wetlands,North Creek Regional Bike Trail,Dakota County,Minnesota Delineated Transect Wetland Wetland Wetland County Soil DNR National Wetland ID No./Sample Flag No. Plant Type- Survey Protected Wetlands Point Community Circular 39 (Hydric/Non- Waters Inventory (Cowardin) Hydric) Inventor (Cowardin) A A Al-A10 Shallow Type 3 Kingsley No PEM1C Marsh (342E) B B/B-SP1, 131-1321 Seasonally Type 1 Kingsley No PEM1A BSP2 Flooded (342E) Basin C C C1-C22 Shallow Type 3 Quam(1824) No PEM1C Marsh (Hydric) D D-SP1 NA NA NA Kingsley No NA (342E) E E El-E10 Shallow Type 3 Kingsley Yes PEM1C Marsh (342E)&Open Water F F Fl-Fl8 Deep Marsh Type 4 Quam(1824) Yes PUBG (Hydric) G G G1-G13 Shallow Type Kingsley No PEM1C Marsh 342C H H/H-SP1 H1-H17 Seasonally Type 1 Kingsley No PEM1A Flooded (342C) Basin I I-SP1 NA NA NA Kingsley No NA (342C) WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 1 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT II. Delineation Procedure A. Off-Site Determination: Base Map Review Topography: The area is subject to many changes in topography common in kame and kettle landscapes. Many of the dramatic changes often coincide with the presence of a wetland unit. There is no over-arching elevation slant throughout the delineated area. The DNR Public Water and Wetland Map, Dakota County, MN(Minnesota Department of Natural Resources, 1983)shows a total of two public waters within the project boundary. The first pond is located west of the project corridor, comprising Wetland E(Unnamed pond,216P). The second pond is located east of the project corridor about 50 yards East of the Minnesota Zoo Toucan parking Lot (Unnamed pond,201P) (Figure 2,Appendix A). The National Wetland Inventory Map(N'WI)(US Fish and Wildlife Service)identified Wetland A,B, C,E,F,and G as part of the National Wetlands Inventory(Figure 3). The NWI classifies the delineated wetlands as PEM IC,PUBGx,PEM IA,PEM IF, PEM IC,and PUBG. The Soil Survey ofDakota County, Minnesota(http://soildatamart.nres.esda.gov)identified the mapped soils within the delineated wetlands as Kingsley complex(non-hydric)and Quam complex (hydric)(Figure 3). Antecedent Climate Conditions: Historic climate data and WETS data were obtained from the Minnesota Climatology Working Group for the 3 months preceding the field visit conducted on July 28,2014. April was wetter than normal,May was normal,and June was wetter than normal. Overall, this data indicated the period has been wetter than normal in relation to precipitation. Records of precipitation data can be found in Appendix C. B. On-Site Determination Field Investigation was conducted by Travis Fristed, Carli Ewert,and Reed Schwarting of WSB& Associates,Inc. on July 28,2014. No deviation or omissions were undertaken as part of this investigation. The project site was delineated using the routine methodology described in the Corps of Engineers Wetlands Delineation Manual(US Army Corps of Engineers, 1987),with additional guidance provided by the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0). Wetlands were classified according to the methodologies set forth in Wetlands of the United States (Circular 39), USFWS Shaw and Fredine 1971; Classification of Wetlands and Deepwater Habitats of the United States,Cowardin 1979; and Wetland Plants and Plant Communities of Minnesota and Wisconsin, 2nd ed.,Eggers and Reed 1997. The wetland types in this report are classified by the Circular 39,Cowardin,and Eggers and Reed Classifications. WETLAND DELINEATION REPORT North Creek Regional Bike Trail Page 2 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT Soil types were researched prior to the on-site investigation with the assistance of the Soil Survey of Dakota County from the National Resources Conservation Service.All soil test pits were excavated to a minimum depth of 20 inches unless otherwise noted. Soil colors were described on-site according to the Munsell Soil Color Charts(2009 Revised Edition)from the test pits in and adjacent to the wetlands. Hydric soils were identified using the current technical criteria for hydric soils developed by the NRCS in 2010 (Version 7.0). The presence of water was observed after time was allowed for movement of water through the substrate. This time varied depending upon soil characteristics. The quadrant sampling method was employed for all sample points unless otherwise noted. Vegetation was measured as actual areal cover and may exceed 100%of total area due to overlap. Grasses and herbaceous vegetative cover was measured within a circular plot of a 5-foot-radius,all woody shrubs and saplings was measured within a circular plot with a 15-foot-radius,and woody vegetation was measured in a 30-foot-radius circular plot. Regional plant identification resources were utilized in the identification of plant species,with indicator status taken from the 2014 National Wetland Plant List(US Army Corps of Engineers,2014).Plant species dominance was estimated based on the absolute percent coverage for herbaceous, shrub-sapling,and tree strata if present. In addition to the use of indicators of hydrology,hydric soils,and the presence of hydrophytic vegetation,other evidence such as topographic breaks and watershed characteristics were used to determine the wetland boundary. In addition to the use of indicators of hydrology,hydric soils,and the presence of hydrophytic vegetation,other evidence such as topographic breaks and watershed characteristics were used to determine the wetland boundary. Midwest Regional Supplement Routine Wetland Delineation data forms were used to record vegetation,hydrology,and soil characteristics at sample points in and adjacent to the wetlands (Appendix B). Sampling transects were taken along the wetland-upland boundary of the wetland. Transects and delineated wetland boundaries were field surveyed using Trimble GeoXH hand held GPS unit.Approximate sampling points and delineated wetland edges are shown on Figures 4, Appendix B. WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 3 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT III. Results and Wetland Information A. Wetland A Circular 39: Type 3 Cowardin: PEM 1 C Eggers and Reed Field Classification: Shallow Marsh Soil Mapping Unit: Kingsley(342E) (non-hydric) No. Transects: 1 No.Additional Sample Points: 0 Wetland A is located 50 yards Southwest of the intersection of County Road 38 with Johnny Cake Ridge Road. One transect(A-up,A-wet)was collected to delineate the western portion of Wetland A closest to the project area. The wetland sample point(A-wet)was taken immediately adjacent to a visible high water mark. Vegetation was dominated by European buckthorn(Rhamnus catharica),northern red oak(Quercus rubra), grey dogwood(Cornus racemosa),nannyberry(Viburnum lentago),hybrid cattail (Typha X glauca),reed canary grass(Phalaris arundinacea),river bank grape(Vitis riparia),and Virginia creeper (Parthenocissus quinquefolia). Hydric soils consisted of a black loam surface underlain by a dark grayish brown sand loam layer with strong brown redox concentrations to 14 inches. From 14 to 24 inches,the soils consisted of dark grayish brown sandy loam. From 24 to 36 inches,the soil consisted of dark yellowish brown clay with dark gray depletions. Hydric soil indicator Sandy Redox(S5)was met at this sample point. Both a high water table and saturation were observed within 12 inches of the soil surface; additionally,the sample point occurred within a geomorphic position conducive to wetland characteristics. The same species dominated the upland sample point with the exception of the herbaceous stratum where Kentucky blue grass (Poa pratenis)was the only dominant species;hydrophytic vegetation characteristics were not met here.Upland soils consisted of a very dark brown loam surface underlain by a dark yellowish brown sandy loam until 24 inches.No primary hydrology or hydric soils indicators were met here. A total of 10(A 1—A10) delineation flags were placed along an elevation/topographic break from wetland to upland,as dictated by the lack of hydrology indicators and shift in dominant vegetation from wetland to upland species. The Wetland A boundary is outlined in Appendix B,Figure 4. WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 4 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT B. Wetland B Circular 39: Type 1 Cowardin: PEM1A Eggers and Reed Field Classification: Seasonally Flooded Basin Soil Mapping Unit: Kingsley(non-hydric) No. Transects: 1 No. Additional Sample Points: 2 Wetland B is located approximately 100 yards west of Wetland A,south of County Road 38.One transect (B-up, 13-wet)was collected to delineate the entirety of the wetland. Two additional upland sample points were collected to confirm the extent of the wetland to the east and west. The wetland sample point(B-wet)was taken at the toe of the slope of the southern wetland boundary. Vegetation was dominated by quaking aspen(Populus tremuloides),ash-leaf maple, (Acer negundo), silver maple(Acer saccharinum),and reed canary grass(Phalaris arundinacea). Clay loam textured hydric soils consisted of very dark grayish brown surface underlain by a dark grayish brown matrix with dark yellowish brown redox concentrations;the final layer was a dark yellowish brown matrix with yellowish brown redox concentrations. Hydric soil indicator Depleted Below Dark Surface(A11)and Depleted Matrix(F3)were both met at this sample point. Secondary indicators for Geomorphic Position (D2)and FAC-Neutral Test(D5)satisfied hydrology indicator wetland requirements. The upland sample point was taken at an elevation higher than normal due to a restrictive layer reached at two attempted upland sample points located further down the slope.The same dominant vegetation was present in addition to: Canadian goldenrod(Solidago canadensis),river bank grape(Vitis riparia),and Virginia creeper(Parthenocissus quinquefolia). Upland soils consisted of a very dark grayish brown sandy loam with yellowish brown redox concentrations beginning within 12 inches of the soil surface; a depleted sandy loam layer with dark yellowish brown redox concentrations was found at the bottom of the soil profile.No hydrology or hydric soil indicators were met at this sample point. Two additional upland sample points were collected to confirm the extent of the wetland from east to west.While the area immediately west of the wetland indicated a depressional geomorphic position, sample point B-SP1 was taken due to a dramatic shift in vegetation to upland species.No hydrophytic vegetation,hydric soils,or wetland hydrology indicators were present here. Similarly,B-SP2 was taken to the east of the wetland.While dominant vegetation indicated hydrophytic species,no primary hydric soil or hydrology indicators were met here. A total of 21 (B 1—B21)delineation flags were placed along an elevation/topographic break from wetland to upland,as dictated by a topographic change and shift in dominant vegetation from wetland to upland species. The Wetland B boundary is outlined in Appendix B,Figure 4. WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 5 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT C. Wetland C Circular 39: Type 3 Cowardin: PEM IC Eggers and Reed Field Classification: Shallow Marsh Soil Mapping Unit: Quam(hydric) No. Transects: 1 No.Additional Sample Points: 0 Wetland C is located east of Zoo Blvd. where the trail alignment changes from a north to east direction. One transect(C-up, C-wet)was collected to delineate the northwestern portion of Wetland C. The wetland sample point(C-wet)was taken at the toe of the slope where shallow surface water was present at the time of sampling.Vegetation was dominated by black willow(Salix nigra),eastern cottonwood(Populus deltoides), European buckthorn(Rhamnus cathartica), common duckweed(Lemna minor),river bank grape(Vitis riparia). Hydric soils consisted of a dark gray clay loam with dark yellowish brown redox concentrations that transitioned from 5 to 15 percent as depth increased to 20 inches. Beyond 20 inches,redox concentrations increased to 30-40%. Indicator F3 (Depleted Matrix)was satisfied here.Hydrology was present with surface water measured at four inches above the soil surface; a high water table and saturation at the soil surface were also observed. At the upland sample point,dominant vegetation was similar with the exception of the herbaceous stratum which was dominated by European buckthorn(Rhamnus cathartica)and poison hemlock(Conium maculatum).Upland soils consisted of a dark brown loam layer underlain by a yellowish brown loam extending to 8 inches.A restrictive layer composed of rock was reached at 9 inches which prevented the collection of a full 20 inch sample.No primary indicators for hydric soils or hydrology were reached at this sample point. A total of 22 (Cl—C22)delineation flags were placed along an elevation/topographic break from wetland to upland, as dictated by the lack of hydrology indicators and shift in dominant vegetation from wetland to upland species. The Wetland C boundary is outlined in Appendix B,Figure 4. D. Wetland E Circular 39: Type 3 Cowardin: PEM1C Eggers and Reed Field Classification: Shallow Marsh Soil Mapping Unit: Kingsley(342E) & Open Water No. Transects: 1 No. Additional Sample Points: 0 Wetland E is located east of Zoo Blvd. and north of where the trail alignment and existing boulevard shifts from an eastern to northern direction. One transect(E-up,E-wet)was collected to delineate the southeastern portion of Wetland E. WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 6 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT The wetland sample point(E-wet)was taken at the toe of the slope,adjacent to the most western portion of the delineated boundary of Wetland E. Vegetation was dominated by burr oak(Quercus macrocarpa), European buckthorn(Rhamnus cathartica),and common duckweed(Lemna minor). Hydric soils consisted of a very dark grayish brown loam layer followed by a very dark gray loam layer that continued to 20 inches within the profile. Satisfying both hydric soils and hydrology requirements,the indicator for Hydrogen Sulfide(C 1 &A4)was observed at this sample point.Additional hydrology indicators included a High Water Table(A2)at 6 inches and Saturation(A3)at 3 inches. At the upland sample point,Burr Oak and European Buckthorn(shrub and herbaceous stratums)were both dominate vegetation. Other upland species present to a lesser extent included black willow(Salix nigra),American elm(Ulmus americana),prickly ash(Zanthoxylum americanum),and rough bedstraw (Galium asprellum). Upland soils consisted of a very dark grayish brown clay loam to loam transition followed by a dark grayish brown sand layer continuing to 18 inches.No primary hydric soils or hydrology indicators were observed at this sample point. A total of 10(E1—E10)delineation flags were placed along an elevation/topographic break from wetland to upland,as dictated by the lack of hydrology indicators and shift in dominant vegetation.The Wetland E boundary is outlined in Appendix B,Figure 4. E. Wetland F Circular 39: Type 4 Cowardin: PUBG Eggers and Reed Field Classification: Deep Marsh Soil Mapping Unit: Kingsley(342C) & Quam(1824) No. Transects: 1 No. Additional Sample Points: 0 Wetland F is located east of Zoo Boulevard where the boulevard bends around the Toucan Parking Lot. One transect(F-up,F-wet)was collected to delineate the western portion Wetland F. The wetland sample point(F-wet)was taken at the toe of the slope,and located centrally to the delineated portion. Vegetation was dominated by eastern cottonwood(Populus deltoides),American elm(Ulmus americana),black willow(Salix nigra),European buckthorn(Rhamnus cathartica),sandbar willow(Salix interior), common spike-rush(Eleocharis palustris),Virginia creeper(Parthenocissus inserta), and river- bank grape(Vitis riparia). Hydric soils consisted only of gray sand with a hydrogen sulfide odor. Hydric soil indicators A4(Hydrogen Sulfide) and F3 (Depleted Matrix)were observed. Hydrology indicators included A2 (High Water Table),A3 (Saturation),and C 1 (Hydrogen Sulfide Odor)with secondary indictors of C8 (Crayfish Burrows)and D2 (Geomorphic Position). The upland sample point(F-up)was taken on the top of the slope,west of the wetland sample point(F- wet). Vegetation was dominated by the same trees,shrubs,and woody vines as the wetland sample point, however the herb stratum changed to dominant species white sweet clover(Melitotus alba)and Kentucky WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 7 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT blue grass (Poa pratensis). Soils consisted of a shallow brown sand layer followed by yellowish brown sand. No hydric soil or hydrology indicators were observed. A total of 18(F 1—F18)delineation flags were placed along an elevation/topographic break from wetland to upland, as dictated by the lack of hydrology indicators and shift in dominant vegetation from wetland to upland vegetation along the slope. The Wetland F boundary is outlined in Appendix B,Figure 5. F. Wetland G Circular 39: Type 3 Cowardin: PEM1C Eggers and Reed Field Classification: Shallow Marsh Soil Mapping Unit: Kingsley(342C) No. Transects: 1 No. Additional Sample Points: 0 Wetland G is located half way between Jonny Cake Ridge Road and where the Zoo Boulevard curves west around the Tiger Parking Lot. One Transect(G-up,G-wet)was collected to delineate the northwest portion of Wetland G. The wetland sample point(G-wet)was taken in the northeast corner of the wetland where shallow surface water was present. Vegetation was dominated by eastern cottonwood(Populus deltoides),burr oak (Quercus macrocarpa),European buckthorn(Rhamnus cathartica),reed canary grass(Phalaris arundinacea),common duckweed(Lemna minor),Virginia creeper(Parthenocissus quinquefolia), and river-bank grape(Vitis riparia). Hydric soils consisted of a black mucky mineral followed by a gray sandy loam which transitioned to gray clay with a dark yellowish brown concentrations in the matrix. Hydric soil indicators observed were Al 1 (Depleted Below Dark Surface) and Fl (Loamy Mucky Mineral). Hydrology indicators reached were Al (Surface water),A2(High Water Table),and Saturation (A3). The upland sample point(G-up)was taken immediately north of the wetland sample point(G-wet). Vegetation was dominated by the same trees,shrubs,and woody vines as the wetland sample point,while the herb stratum changed to Kentucky blue grass(Poa pratensis)and European buckthorn sapling (Rhamnus cathartica)dominance. Hydric soils consisted of a black sandy loam layer followed by a gray sandy loam layer,which transitioned to a gray loam with strong brown concentrations in the matrix. Hydric soil indicators observed were Al 1 (Depleted Below Dark Surface). No primary hydrology indicators were observed. The secondary indicator of D5 (FAC-Neutral Test)was reached. A total of 13 (G 1—G 13)delineation flags were placed along an elevation/topographic break from wetland to upland,as dictated by the lack of hydrology indicators and shift in dominant vegetation from wetland to upland along the bank. The Wetland F boundary is outlined in Appendix B,Figure 5. WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 8 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT G. Wetland H Circular 39: Type 1 Cowardin: PEM1A Eggers and Reed Field Classification: Seasonally Flooded Basin Soil Mapping Unit: Kingsley(342C) No. Transects: 1 No. Additional Sample Points: 1 Wetland H is located north of Wetland G,west of where the trail alignment intersects with Johnny Cake Road. One transect(H-up,H-wet)was collected to delineate the entirety of Wetland H.An additional sample point was collected to confirm the extent of the wetland boundary to the east. The wetland sample point(H-wet)was taken within the depressional area,adjacent to the northeastern wetland edge. Vegetation was dominated by eastern cottonwood(Populus deltoides),black willow(Salix nigra),European buckthorn(Rhamnus cathartics),reed canary grass(Phalaris arundinacea),and river bank grape(Vitis riparia). Hydric soils consisted of a very dark grayish brown sandy loam with yellowish red redox concentrations underlain by a grayish brown sandy loam layer with similar redox concentrations. Hydric soil indicator Al 1 (Depleted Below Dark Surface)was observed here. Hydrology indicators included B9(Water Stained Leaves)and C3 (Oxidized Rhizospheres on Living Roots). The same dominant species were present within the upland sample point. Upland soils were also the same resulting in indicator A11 (Depleted Below Dark Surface).No primary indicators for hydrology were observed at this sample point. An additional sample point was collected to confirm the extent of the wetland to the east.While a distinct topographic break indicated the wetland boundary did not continue higher in elevation,the presence of water stained leaves indicated the possibility of a larger wetland boundary.However, soils data did not indicate hydric soils, showing the wetland boundary followed the original topographic break. A total of 16(H1-H16) delineation flags were placed along an elevation/topographic break from wetland to upland,as dictated by the shift in dominant vegetation from wetland to upland.The Wetland G boundary is outlined in Appendix B,Figure 5. WETLAND DELINEATION REPORT North Creek Regional Bike Trail Page 9 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT IV. Additional Sampled Areas A. Sample Point D Circular 39: NA Cowardin: NA Eggers and Reed Field Classification: NA Soil Mapping Unit: Kingsley(342C) No. Transects: 0 No. Additional Sample Points: 1 Sample point D is located south of Zoo Blvd.just west of were the trail alignment and the existing boulevard diverge. One sample point was taken at this location(D-SPI)to delineate a potential wetland unit. The sample point(D-SP 1)was taken in a sparsely vegetated outwash basin. Vegetation was dominated by burr oak(Quercus macrocarpa),American elm(Ulmus americana), European buckthorn(Rhamnus cathartica),and river bank grape(Vitis riparia). Soils consisted of a very dark grayish brown loam layer followed by a brown loam with dark yellowish brown concentrations in the matrix that continued to 20 inches with the profile. Hydrology indicators included A2 (High Water Table) at 6 inches,A3 (Saturation) at 3 inches,B I (Water Marks),B2 (Sediment Deposits),B3 (Drift Deposits),B8 (Sparsely Vegetated Concave Surface),and B9(Water-Stained Leaves). Lacking hydric soil indicators in the basin,this site was not delineated as a wetland. Sample Point D is shown in Appendix B,Figure 4. B. Sample Point I Circular 39: NA Cowardin: NA Eggers and Reed Field Classification: NA Soil Mapping Unit: Kingsley(342C) No. Transects: 0 No.Additional Sample Points: 1 Sample point I is located east of Wetland H,where the trail alignment and Johnny Cake Ridge Road converge. One sample point was taken at this location(I- SPI)to delineate a potential wetland unit. The sample point was taken in a landscape depression,adjacent to a culvert inlet,at the toe slope of the western Johnny Cake Ridge Road ditch.Vegetation was dominated by river birch(Betula nigra),green ash(Fraxinus pennsylvanica),and reed canary grass(Phalaris arundinacea). Soils consisted of a dark loam surface underlain by a dark loam with redox concentrations and depletions in the matrix; the final layer of the soil profile comprised a depleted layer with dark yellowish brown redox concentrations. Due to the depth of the depleted layer,no hydric soil indicators were reached. Secondary indicators of Geomorphic Position(D2)and FAC-Neutral Test(D5)were reached to achieve hydrology for the sample point. WETLAND DELINEATION REPORT North Creek Regional Bike Trail Page 10 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT Lacking hydric soil indicators in the depression,this area was not delineated as a wetland. Sample Point I is shown in Appendix B,Figure 5. V. Closing Statements The wetland delineation report was completed by Carli Ewert and Reed Schwarting of WSB& Associates. This delineation report is being submitted as a request for approval of Wetland Type and Boundary of the wetland described herein. The application for Boundary and Type Approval is included along with this report. WETLAND DELINEATION REPORT North Creek Regional Bike Trail Page 11 WSB Project No.01728-120 LEVEL 2 WETLAND DELINEATION REPORT VL References The following sources of information were reviewed to assist in performing the wetland delineation. Literature Sources Board of Water and Soil Resources. 2009. Wetland Conservation Act Rules, Chapter 8420. Print Communication Division, St. Paul. Cowardin L.M. USFWS. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Government Printing Office,Carver,D.C. 131 pp. Eggers, S.D. and D.M. Reed. 1997. Wetland Plants and Plant Communities of Minnesota & Wisconsin, Second Edition. United States Anny Corps of Engineers, St. Paul District. 263 pp. Fredine, C.G. and S.P. Shaw. 1956. Wetlands of the United States (Circular 39). United States Government Printing Office,Carver,D.C. Kollmorgen Instruments Corp. 2009 Revised Edition. Munsell Soil Color Charts. National Technical Committee for Hydric Soils. 1991. Hydric Soils of the United States. U.S.D.A. Soil Conservation Service. Carver, D.C. Misc. Publication 1491. Revised December 15, 1995. United States Army Corps of Engineers. Minnesota 2014 State Wetland Plant List- National Wetland Plant List. 2014 Ratings. Cold Regions Research and Engineering Laboratory (CRREL). United States Army Corps of Engineers. January 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble, and J. F. Berkowitz. ERDC/EL TR-12-1. Vicksburg,MS: U.S.Army Engineer Research and Development Center. United States Army Corps of Engineers- St. Paul District and Minnesota Board of Water& Soil Resources. April 25, 2013. Guidance for Submittal of Delineation Reports to the St. Paul District Army Corps of Engineers and Wetland Conservation Act Local Governmental Units in Minnesota. United States Army Corps of Engineers. 1987 2013. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Version 2.0 Waterways Experiment Station. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Soil Survey Geographic (SSURGO) Database for Dakota County, Minnesota. Available online at http://soildatamart.nres.usda.gov accessed 06/05/2014. WETLAND DELINEATION REPORT North Creek Regional Bike Trail P a g e 12 WSB Project No.01728-120 APPENDIX A APPENDIX A Figure 1. Project Location Figure 2. National Wetlands Inventory & DNR Public Waters Figure 3. Dakota County Soil Survey WETLAND DELINEATION REPORT. North Creek Regional Bike Trail WSB Project No.01728-120 'i A � 1 \makI •Pill M I 1 - ,_ 1 1 1 1 r 1 ILI CL La �! t I j . IN , 4k ® [ ` i .. 3 R 1 d 4 � t •- I a - F Project Location 4), Legend Trail Alignment �.9 7 r' t. ' I i` 5' • A, `s, � hb. 4Township,Range, Cities-Y- w-- A i 11 PFO1A PEM1VPEM1A PUE PEMI EMI ,. PEM1C �tf n1A PUBG" PUBG ' `.._ � , PEM1A PUBGx PEM1l� x PEMIA PEM1C PEM1C a..; PEM1F Nu " PEM1A ._ PABG PEM1, UBG ' PUBG . i t� - EM' PEM1F� 4 S: M 1� �i 's PEM1C,� fid" Y T v f/ MIY.Mq ♦Y�'M }}� tH� �,,�151a�" '`I �'�11 ♦M t.uk`Y - ��»�f�w1�.t���L4wM''•`�o l�, /Y:,'*i1�^4'^r�r;�W.•x�,a, �-..r_ ..5 ��_. v" U i9ta va i�ir 1f I7// •!� 'j '.;' 4vr f 1W a �E off PEM1C PUB F PEM1A PABG PABG PUBGx PUBGx PUBGx PEM1F EMIC �� PUBGx PSS1 � PEM1A Legend PEM1C National Wetlands Inventory PFO1A PEM1C DNR Public Waters Inventory Trail Alignment Figure 2. National Wetlands Inventory & DNR Public Waters N 0 125250 500 WSB North Creek Regional Greenway Delineation Feet Dakota County, MN Soil Symbol Soil Name Hydric Rating +► r 155B CHETEK N 1816 KENNEBEC VARIANT Y " 1824 QUAM Y 189 AUBURNDALE Y 11' ' 3426 KINGSLEY N Ak 342C KINGSLEY N 342E KINGSLEY N = ' 344 QUAM Y '. 539 PALMS Y 0 « 540 SEELYEVILLE Y 861C KINGSLEY N / ' 8958 KINGSLEY N i 5 895C KINGSLEY N , 896E KINGSLEY N w NA NA � / f Legend �� a Open Water Non-Hydric Soil 1 Hydric Soil \ Project Corridor : .1 r asj 4fr t ` u. • Y ++1� vz + +ra r Q 539 �Y -.�, ., ,y UU•TTAAJJ � � e y e r r � , Figure 3. Dakota County Soil Survey 0 125250 500 North Creek Regional Greenway Delineation WSB Feet i�' C�►K Dakota County, MN � �Axsoc:ia[es,Inc. APPENDIX C APPENDIX B Figure 4 & 5. Wetland Boundary Map (South and North Halves) Figure 6 & 7. Wetland Type Map (South and North Halves) Wetland Delineation Data Sheets WETLAND DELINEATION REPORT North Creek Regional Bike Trail WSB Project No.01728-120 y�. 7�, '.,a �� ��Jtdt"y1 �t�YiY •�e .+�• f �. 40 • ,r ,• ,< i i' E10 �. ES " E-Wet D-SP1 •E67 ('754 C3 C1 E-Up C17 :,* C 16•w� C14•.• . C-Up C11 • t Y � �I� r , n.. t -ave�5 Ftd Y A-UP'- A- et Legend A9'w*t_ B15 • D- SampleUpland Sample Points 20 Wetland PointsB-SP1 65 B-Wet • Boundary 13-Up • Foot Buffer CorridorProject Figure • Boundary • South North Creek Regional Greenway Delineation 0 45 90 180 WSB Dakota . -- r d Ilk dad' Wetland H / ,k4• V otiand G `y ..iw 4 ",< �a i XI -. Wetland F ---'F.. tIJ6 Legend WO O Delineation Flags wO Upland Sample Points Yom . 0 Wetland Sample Points Wetland Boundary 50 Foot Buffer Project Corridor .,� Figure 5.Wetland Boundary Map. North Half 0 30 60 120 �7�:� 1 � G North Creek Regional Greenway Delineation Feet w.7B F Dakota County, MN Wetland E a r t r Wetland C m� �5 �tw Wetland A n Wetland B Legend f. Type 1 Wetland 1 1 Type 3 Wetland 50 Foot Buffer Project Corridor Figure 6.Wetland Type Map. South Half 0 45 90 180 i North Creek Regional Greenway Delineation WSB Dakota County, MN Feet � dt.4ua:iates,lnc. i a I Wetland H �I w, 4 �: Wetland G��� {•� � tk r � a. t= 1 � f Wetland F v $r x y ' egend Type 1 Wetland Type 3 Wetland t Type 4 Wetland 7r 50 Foot Buffer Project Corridor Figure 7.Wetland Type Map. North Half A North Creek Regional Greenway Delineation 0 37.575 150 {NSB Dakota County, MN Feet �� WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: A Up Investigator(s): Carli Ewert and Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342E) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) %Cover Species? Status Number of Dominant Species 1. Rhamnus cathartica(European buckthorn) 30 Y FAC That Are OBL,FACW,or FAC: 5 (A) 2. Quercus rubra (Northern Red Oak) 50 Y FACU Total Number of Dominant 3. Salix discolor(Pussy Willow) 15 N FACW Species Across All Strata: 7 (B) 4. Fraxinus pennsylvanica(Green Ash) 15 N 5. Juglans nigra (Eastern Black Walnut) 5 N Percent of Dominant Species 71 That Are OBL,FACW,or FAC: (A/B) 115 =Total Cover Sapling/Shrub Stratum (Plot size: ) Prevalence Index worksheet: 1. Cornus racemosa(Grey Dogwood) 5 Y FAC Total%Cover of: Multiply by: 2. Viburnum lentago(Nannyberry) 5 Y FAC OBL species x 1 = 3. FACW species 35 x 2= 70 4. FAC species 131 x 3= 393 5. FACU species 67 x4= 268 10 =Total Cover UPL species x 5= Herb Stratum (Plot size: ) Column Totals: 233 (A) 731 (B) 1. Poa pratensis(Kentucky Blue Grass) 90 Y FAC 2. Achillea millefolium (Common Yarrow) 2 N FACU Prevalence Index =B/A= 3.14 3. Potentilla simplex(Oldfield Cinquefoil) 1 N FACU Hydrophytic Vegetation Indicators: 4. Plantago major(Great Plantain) 1 N FAC 1 -Rapid Test for Hydrophytic Vegetation 5. Taraxacum officinale(Common Dandelion) 1 N FACU _1( 2-Dominance Test is>50% 6. _3-Prevalence Index is 53.0' 7. _4-Morphological Adaptations' (Provide supporting 8 data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. 95 =Total Cover 'indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: ) be present,unless disturbed or problematic. 1. Vitis riparia (River Bank Grape) 5 Y FACW 2. Parthenocissus quinquefolia (V. Creeper) 8 Y FACU Vegetation Present? Yes ✓ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–version 2.0 SOIL Sampling Point: A UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-8 10 YR 2/2 100 L 8-24 10 YR 3/6 100 SL 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol(Al) — Sandy Gleyed Matrix(S4) _ Coast Prairie Redox(A16) Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) Black Histic(A3) — Stripped Matrix(S6) _ Hydrogen Sulfide(A4) _ Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) _ Loamy Gleyed Matrix(F2) _ Very Shallow Dark Surface(TF12) 2 cm Muck(A10) — Depleted Matrix(173) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) _ Redox Dark Surface(F6) Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(Si) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) — Water-Stained Leaves(139) _ Surface Soil Cracks(136) High Water Table(A2) — Aquatic Fauna(B13) _ Drainage Patterns(610) _ Saturation(A3) _ True Aquatic Plants(1314) — Dry-Season Water Table(C2) Water Marks(61) — Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) Sediment Deposits(132) _ Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(B3) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) _ Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) — FAC-Neutral Test(D5) _ Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) _ Sparsely Vegetated Concave Surface(138) _ Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: A Wet Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342E) NWI classification: PEM1 C Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes � No Is the Sampled Area within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Rhamnus cathartica(European buckthorn) 30 Y FAC That Are OBL,FACW,or FAC: 6 (A) 2. Quercus rubra (Northern Red Oak) 40 Y FACU 3. Salix discolor(Pussy Willow) 15 N FACW Total Number of Dominant 8 Species Across All Strata: (B) 4, Fraxinus pennsylvanica(Green Ash) 15 N FACW 5. Juglans nigra(Eastern Black Walnut) 5 N FACU Percent of Dominant Species 75 That Are OBL,FACW,or FAC: (A/B) 105 =Total Cover Saplinq/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Cornus racemosa (Grey Dogwood) 5 Y FAC Total%Cover of: Multiply by: 2. Viburnum lentago(Nannyberry) 5 Y FAC OBL species 10 x 1 = 10 3. FACW species 50 x 2= 100 4. FAC species 40 x 3= 120 5. FACU species 49 x4= 196 Herb Stratum (Plot size: 5 10 =Total Cover UPL species x 5= ) 1. Typha X glauca (Hybrid Cattail) 10 Y OBL Column Totals: 149 (A) 426 (g) 2. Phalaris arundinacea(Reed Canary Grass) 15 Y FACW Prevalence Index =B/A= 2.86 3, Solidago canadensis(Canadian Goldenrod) 1 N FACU Hydrophytic Vegetation Indicators: 4. 1 -Rapid Test for Hydrophytic Vegetation 5. 2-Dominance Test is>50% 6. ✓ 3-Prevalence Index is 53.0' 7. _ 4-Morphological Adaptations'(Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. 26 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1, Vitis riparia(River Bank Grape) 5 Y FACW 2. Parthenocissus quinquefolia (V. Creeper) 8 Y FACU Hydrophytic Vegetation 13Present? Yes No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: A WET Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-4 10 YR 2/1 L 5-14 10 YR 4/2 98 7.5 YR 4/6 2 C M SL 15-24 10 YR 4/2 SL 24-36 10 YR 4/6 90 10 YR 4/1 10 D M CL 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: — Histosol(Al) — Sandy Gleyed Matrix(S4) _ Coast Prairie Redox(A16) — Histic Epipedon(A2) Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) _ Very Shallow Dark Surface(TF12) — 2 cm Muck(At 0) ✓ Depleted Matrix(F3) — Other(Explain in Remarks) ✓ Depleted Below Dark Surface(At 1) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 'Indicators of hydrophytic vegetation and Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) — Water-Stained Leaves(139) — Surface Soil Cracks(136) ✓ High Water Table(A2) — Aquatic Fauna(1313) — Drainage Patterns(1310) ✓ Saturation(A3) — True Aquatic Plants(B14) — Dry-Season Water Table(C2) — Water Marks(131) — Hydrogen Sulfide Odor(Cl) _ Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) ✓ Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) _ Inundation Visible on Aerial Imagery(87) _ Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(68) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes ✓ No Depth(inches): 12 Saturation Present? Yes ✓ No Depth(inches): 12 Wetland Hydrology Present? Yes ✓ No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: B UP Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T 115N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342C) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation ,Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation ,Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No ✓ within a Wetland? Yes No ✓ Wetland Hydrology Present? Yes No ✓ Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus tremuloides(Quaking Aspen) 25 Y FACU That Are OBL,FACW,or FAC: 4 (A) 2. Acer negundo(Ash-leaf Maple) 15 Y FAC Total Number of Dominant 3. Acer saccharinum (Silver Maple) 35 Y FACW Species Across All Strata: 7 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: .57 (A/B) 75 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhus glabra(Smooth Sumac) 10 N NA Total%Cover of: Multiply by: 2. Populus tremuloides(Quaking Aspen) 2 N FACU OBL species x 1 = 3. FACW species 75 x2= 150 4. FAC species 15 x 3= 45 5. FACU species 74 x4= 296 2 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 164 (A) 491 (B) 1. Phalaris arundinacea(Reed Canary Grass) 25 Y FACW 2. Solidago canadensis (Candian Goldenrod) 25 Y FACU Prevalence Index =B/A= 2.99 3. Ranunculus abortivus(Kidney Leaf BC) 5 N FACW Hydrophytic Vegetation Indicators: 4. Taraxacum officinale(Common Dandelion) 1 N FACU 1-Rapid Test for Hydrophytic Vegetation 5. Rubus idaeus(Common Red Raspberry) 10 N FACU 2-Dominance Test is>50% 6. Circaea canadensis(BL Ench. Nightshade) 5 N FACU ✓ 3-Prevalence Index is 53.0' 7. _ 4-Morphological Adaptations' (Provide supporting 8 data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia(River Bank Grape) 10 Y FACW 2. Parthenocissus quinquefolia (V. Creeper) 6 Y FACU Hydrophytic Vegetation 16 Present? Yesy/ No =Total Cover Remarks: (include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: B- UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-12 10 YR 3/2 100 SL 12-20 10 YR 3/2 98 10 YR 5/8 2 C M SL 20-24 10 YR 5/2 98 10 YR 4/6 2 C M SL 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol(Al) _ Sandy Gleyed Matrix(S4) _ Coast Prairie Redox(A16) Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) _ Stripped Matrix(S6) _ Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF1 2) 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) _ Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) _ Depleted Dark Surface(F7) 31ndicators of hydrophytic vegetation and Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): LHydricoil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) — Water-Stained Leaves(B9) _ Surface Soil Cracks(B6) High Water Table(A2) _ Aquatic Fauna(1313) — Drainage Patterns(1310) Saturation(A3) _ True Aquatic Plants(1314) _ Dry-Season Water Table(C2) Water Marks(131) _ Hydrogen Sulfide Odor(Cl) _ Crayfish Burrows(C8) Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) _ Saturation Visible on Aerial Imagery(C9) — Drift Deposits(B3) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) _ Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) _ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(B7) _ Gauge or Well Data(D9) _ Sparsely Vegetated Concave Surface(B8) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No V/ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: B Wet Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342E) NWI classification: PEM1A Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus tremuloides(Quaking Aspen) 5 Y FACU That Are OBL,FACW,or FAC: 3 (A) 2. Acer negundo(Ash-leaf Maple) 5 Y FAC 3. Acer saccharinum (Silver Maple) 10 Y FACW Total Number of Dominant 4 Species Across All Strata: (B) 4. Percent of Dominant Species 5• That Are OBL,FACW,or FAC: .75 (A/B) 20 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhus glabra (Smooth Sumac) 3 N NA Total%Cover of: Multiply by: 2. Populus tremuloides(Quaking Aspen) 2 N FACU OBL species x 1 = 3. FACW species 92 x 2= 184 4. FAC species 5 x 3= 15 5. FACU species 10 x4= 40 5 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 107 (A) 239 (B) 1. Phalaris arundinacea(Reed Canary Grass) 80 Y FACW 2. Prevalence Index =B/A= 2.23 3. Hydrophytic Vegetation Indicators: 4. 1 -Rapid Test for Hydrophytic Vegetation 5. 2-Dominance Test is>50% g. ✓ 3-Prevalence Index is<_3.0' 7. _ 4-Morphological Adaptations'(Provide supporting $ data in Remarks or on a separate sheet) 9 _ Problematic Hydrophytic Vegetation'(Explain) 10. 80 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia(River Bank Grape) 2 N FACW Hydrophytic 2. Parthenocissus quinquefolia (V.Creeper) 3 N FACU Vegetation 5Present? Yesy/ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region—Version 2.0 SOIL Sampling Point: B WET Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-9 10 YR 3/2 100 CL 9-24 10 YR 4/2 98 10 YR 3/6 2 CL 24-30 10 YR 4/4 98 10 YR 5/8 2 CL Type: C=Concentration D=De letion RM=Redu = z _ M= Matrix. Matrix,MS Masked Sand Grains. Location: PL Pore Lining,M Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol(Al) _ Sandy Gleyed Matrix(S4) _ Coast Prairie Redox(A16) Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) Stratified Layers(A5) _ Loamy Gleyed Matrix(F2) _ Very Shallow Dark Surface(TF12) 2 cm Muck(A10) ✓ Depleted Matrix(F3) — Other(Explain in Remarks) ✓ Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) Thick Dark Surface(Al2) _ Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) _ Water-Stained Leaves(139) _ Surface Soil Cracks(136) — High Water Table(A2) _ Aquatic Fauna(1313) _ Drainage Patterns(610) — Saturation(A3) _ True Aquatic Plants(1314) _ Dry-Season Water Table(C2) — Water Marks(131) — Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) _ Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) _ Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) ✓ Geomorphic Position(D2) _ Iron Deposits(135) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(67) _ Gauge or Well Data(D9) _ Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes ✓ No includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8111/201411:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: SP B1 Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: KlnSley(342E) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (if needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus tremuloides(Quaking Aspen) 10 Y FACU That Are OBL,FACW,or FAC: 2 (A) 2. Acer negundo(Ash-leaf Maple) 25 Y FAC Total Number of Dominant 3• Species Across All Strata: 6 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: .33 (A/B) 35 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Populus tremuloides(Quaking Aspen) 15 Y FACU Total%Cover of: Multiply by: 2. OBL species x 1 = 3. FACW species 11 x 2= 22 4. FAC species 25 x 3= 75 5. FACU species 105 x4= 420 15 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 141 (A) 517 (B) 1. Cirsium arvense(Candian Thistle) 25 Y FACU 2. Solidago canadensis(Candian Goldenrod) 5 N FACU Prevalence Index =B/A= 3.66 3. Urtica dioica(Stinging Nettle) 1 N FACW Hydrophytic Vegetation Indicators: 4. Erigeron strigosus(Prairie Fleabane) 10 N FACU 1 -Rapid Test for Hydrophytic Vegetation 5. Sonchus arvensis(Field Sow Thistle) 40 Y FACU _2-Dominance Test is>50% 6. _3-Prevalence Index is<_3.0' 7. _ 4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation' (Explain) 10. 81 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia(River Bank Grape) 10 Y FACW Hydrophytic 2• Vegetation Present? Yes No ✓ 10 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: SP B1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Tvoe Loc Texture Remarks 0-6 10 YR 3/2 100 loam 7-13 10 YR 3/2 87 10 YR 5/2 10 D M loam 10 YR 4/6 3 C M 13-24 10 YR 2/1 98 10 YR 4/6 2 C M loam 'Type: C=Concentration,D=De letion,RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF1 2) — 2 cm Muck(A10) _ Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 'Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) _ Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): EHydricil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) Surface Water(A1) _ Water-Stained Leaves(B9) — Surface Soil Cracks(B6) High Water Table(A2) — Aquatic Fauna(613) — Drainage Patterns(B10) — Saturation(A3) — True Aquatic Plants(B14) — Dry-Season Water Table(C2) — Water Marks(B1) _ Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) _ Sediment Deposits(B2) _ Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(B4) — Recent Iron Reduction in Tilled Soils(C6) ✓ Geomorphic Position(D2) — Iron Deposits(B5) — Thin Muck Surface(C7) — FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(67) _ Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(68) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: SP B2 Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342E) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No � Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus deltoides(Eastern Cottonwood) 5 Y FAC That Are OBL,FACW,or FAC: 5 (A) 2. Total Number of Dominant 3. Species Across All Strata: 5 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: 100 (A/B) 5 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Total%Cover of: Multiply by: 2. OBL species x 1 = 3. FACW species 87 x 2= 174 4. FAC species 6 x 3= 18 5. FACU species 6 x4= 24 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 99 (A) 216 (B) 1. Phalaris arundinacea(Reed Canary Grass) 80 Y FACW 2. Rubus idaeus(Common Red Raspberry) 1 N FACU Prevalence Index =B/A= 2.18 3. Cirsium arvense(Canadian Thistle) 5 N FACU Hydrophytic Vegetation Indicators: 4• Solanum dulcamara(Climbing Nightshade) 1 N FAC 1 -Rapid Test for Hydrophytic Vegetation 5. 2-Dominance Test is>50% 6• ✓ 3-Prevalence Index is:53.01 7. _4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) g — Problematic Hydrophytic Vegetation' (Explain) 10. 87 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia (River Bank Grape) 7 Y FACW Hydrophytic 2 Vegetation 7 Present? Yes v( No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: SP B2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-6 10 YR 3/2 100 Loam 6-24 10 YR 3/2 98 10 YR 5/6 2 C M Loam 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': — Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) _ Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF12) _ 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) — Water-Stained Leaves(139) — Surface Soil Cracks(136) — High Water Table(A2) — Aquatic Fauna(613) — Drainage Patterns(1310) _ Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(131) — Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) _ Geomorphic Position(D2) Iron Deposits(85) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No v/ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Projecvsite: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: C UP Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Quam (1824, Hydric) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No � Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1• Salix nigra(Black Willow) 30 Y OBL That Are OBL,FACW,or FAC: 6 (A) 2. Populus deltoides(Eastern Cottonwood) 60 Y FAC Total Number of Dominant 3• Species Across All Strata: 6 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: 100 (A/B) 90 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1• Salix interior(Sandbar Willow) 2 N FACW Total%Cover of: Multiply by: 2. Rhamnus cathartica(European Buckthorn) 30 Y FAC OBL species 30 x 1 = 30 3. Viburnum lentago(Nannyberry) 2 N FAC FACW species 62 x 2= 124 4. FAC species 122 x 3= 366 5. FACU species 9 x4= 36 34 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 223 (A) 556 (B) 1. Rhamnus cathartica (European Buckthorn) 30 Y FAC 2. Conium maculatum (Poison Hemlock) 30 Y FACW Prevalence Index =B/A= 2.49 3. Solidago canadensis(Canadian Goldenrod) 1 N FACU Hydrophytic Vegetation Indicators: 4. Rubus idaeus(Common Red Raspberry) 1 N FACU 1 -Rapid Test for Hydrophytic Vegetation 5. 2-Dominance Test is>50% 6• ✓ 3-Prevalence Index is:53.01 7. _4-Morphological Adaptations' (Provide supporting 8 data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia(River Bank Grape) 30 Y FACW 2. Parthenocissus quinquefolia (V. Creeper) 7 N FACU Hydrophytic Vegetation 37Present? Yes V/ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: C UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-5 10 YR 3/3 100 Loam 5-8 10 YR 5/6 100 Loam 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Solis3: — Histosol(Al) _ Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) _ Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF1 2) — 2 cm Muck(A10) _ Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 'Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): THydricoil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required:check all that apply) Secondary Indicators(minimum of two required) _ Surface Water(Al) — Water-Stained Leaves(139) _ Surface Soil Cracks(136) — High Water Table(A2) — Aquatic Fauna(1313) — Drainage Patterns(1310) — Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(131) — Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) — FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No v/ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: C Wet Investigator(s): Carli Ewert&Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Quam (1824, Hydric) NWI classification: PEM1 C Are climatic/hydrologic conditions on the site typical for this time of year? Yes ✓ No (if no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes ✓ No Wetland Hydrology Present? Yes ✓ No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Salix nigra (Black Willow) 20 Y OBL That Are OBL,FACW,or FAC: 5 (A) 2. Populus deltoides(Eastern Cottonwood) 60 Y FAC Total Number of Dominant 3• Species Across All Strata: 5 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: 100 (A/B) 80 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Salix interior(Sandbar Willow) 2 N FACW Total%Cover of: Multiply by: 2. Rhamnus cathartica (European Buckthorn) 30 Y FAC OBL species 26 x 1 = 26 3, Viburnum lentago(Nannyberry) 1 N FAC FACW species 17 x 2= 34 4. FAC species 96 x 3= 279 5. FACU species 2 x 4= 8 33 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 138 (A) 347 (B) 1. Rhamnus cathartica(European Buckthorn) 2 N FAC 2. Lemna Minor(Common Duckweed) 6 Y OBL Prevalence Index =B/A= 2.51 3, Hydrophytic Vegetation Indicators: 4. 1 -Rapid Test for Hydrophytic Vegetation 5. 2-Dominance Test is>50% 6, ✓ 3-Prevalence index is:53.01 7. _ 4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) g — Problematic Hydrophytic Vegetation'(Explain) 10. 8 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia(River Bank Grape) 15 Y FACW 2. Parthenocissus quinquefolia(V.Creeper) 2 N FACU Vegetation Vegetation 17Present? Yes—y No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region—version 2.0 SOIL Sampling Point: C WET Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type Loc Texture Remarks 0-8 10 YR 4/1 95 10 YR 4/6 5 C M CL 8-20 10 YR 4/1 85 10 YR 4/6 15 C M LC 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol(A1) _ Sandy Gleyed Matrix(S4) _ Coast Prairie Redox(A16) Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) Black Histic(A3) _ Stripped Matrix(S6) Hydrogen Sulfide(A4) _ Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) Stratified Layers(A5), — Loamy Gleyed Matrix(F2) _ Very Shallow Dark Surface(TF12) 2 cm Muck(A10) ✓ Depleted Matrix(F3) — Other(Explain in Remarks) _ Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(At 2) _ Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes ✓ No Remarks: Redox concentrations increased to 30-40% beyond 20 inches. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) ✓ Surface Water(Al) _ Water-Stained Leaves(139) — Surface Soil Cracks(136) ✓ High Water Table(A2) — Aquatic Fauna(1313) — Drainage Patterns(1310) ✓ Saturation(A3) — True Aquatic Plants(1314) _ Dry-Season Water Table(C2) Water Marks(131) — Hydrogen Sulfide Odor(Cl) _ Crayfish Burrows(C8) Sediment Deposits(132) _ Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) _ Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) _ Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) _ FAC-Neutral Test(D5) Inundation Visible on Aerial Imagery(137) _ Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes ✓ No Depth(inches): 4 Water Table Present? Yes ✓ No Depth(inches): 0 Saturation Present? Yes ✓ No Depth(inches): 0 Wetland Hydrology Present? Yes ✓ No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: D-SP1 Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342C) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes ✓ No Hydric Soil Present? Yes No ✓ Is the Sampled Area within a Wetland? Yes No ✓ Wetland Hydrology Present? Yes ✓ No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Quercus macrocarpa(Burr Oak) 100 Y FAC That Are OBL,FACW,or FAC: 5 (A) 2. Ulmus americana (American Elm) 35 Y FACW Total Number of Dominant 3• Species Across All Strata: 5 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: 100 (A/B) 135 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica(European Buckthorn) 75 Y FAC Total%Cover of: Multiply by: 2. Acer negundo(Ash-leaf Maple) 5 N FAC OBL species x 1 = 3. FACW species 50 x 2= 100 4. FAC species 180 x 3= 540 5. FACU species x4= 80 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 230 (A) 640 (B) 1. 2. Prevalence Index =B/A= 2.78 3. Hydrophytic Vegetation Indicators: 4. 1 -Rapid Test for Hydrophytic Vegetation 5. 2-Dominance Test is>50% 6• ✓ 3-Prevalence Index is:53.01 7. _ 4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia(River Bank Grape) 15 Y FACW Hydrophytic 2 Vegetation Present? Yes� No 15 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: D SP1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-7 10 YR 3/2 100 L 7-20 10 YR 4/3 99 10 YR 4/6 1 C M L 'Type: C=Concentration,D=De letion;RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol(Al) _ Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) _ Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) _ Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF12) — 2 cm Muck(A10) _ Depleted Matrix(173) — Other(Explain in Remarks) Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, — 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) ✓ Water-Stained Leaves(139) — Surface Soil Cracks(136) ✓ High Water Table(A2) _ Aquatic Fauna(1313) _ Drainage Patterns(1310) ✓ Saturation(A3) _ True Aquatic Plants(614) — Dry-Season Water Table(C2) ✓ Water Marks(131) — Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) ✓ Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) ✓ Drift Deposits(133) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) _ Recent Iron Reduction in Tilled Soils(C6) _ Geomorphic Position(D2) Iron Deposits(135) — Thin Muck Surface(C7) _ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(67) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes ✓ No Depth(inches): 6 Saturation Present? Yes ✓ No Depth(inches): 3 Wetland Hydrology Present? Yes ✓ No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: Hydrology indicators present due to storm sewer inlet which created a small drainage area. US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: E-Up Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kinsley(342C) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No � Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Quercus macrocarpa(Burr Oak) 75 Y FAC That Are OBL,FACW,or FAC: 3 (A) 2. Salix nigra(Black Willow) 20 N OBL 3. Ulmus americana(American Elm) 20 N FACW Total Number of Dominant 3 Species Across All Strata: (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: 100 (A/B) 115 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Juglans nigra(Black Walnut) 3 N FACU Total%Cover of: Multiply by: 2. Rhamnus cathartica(European Buckthorn) 75 Y FAC OBL species 21 x 1 = 21 3. FACW species 21 x 2= 42 4. FAC species 210 x 3= 630 5. FACU species 8 x4= 32 78 =Total Cover UPL species X5= Herb Stratum (Plot size: 5 ) Column Totals: 260 (A) 725 (B) 1. Rhamnus cathartica (European Buckthorn) 60 Y FAC 2. Conium maculatum (Poison-hemlock) 1 N FACW Prevalence Index =B/A= 2.79 3. Zanthoxylum americanum (Prickly Ash) 5 N FACU Hydrophytic Vegetation Indicators: 4, Galium asprellum (Rough Bedstraw) 1 N OBL 1 -Rapid Test for Hydrophytic Vegetation 5, 2-Dominance Test is>50% 6, ✓ 3-Prevalence Index is<_3.D' 7. _ 4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. 67 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Hydrophytic 2• Vegetation Present? Yes ✓ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: E -Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-8 10 YR 3/2 100 CL 8-15 10 YR 3/2 100 L 15-18 10 YR 4/2 100 S Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': — Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) Stratified Layers(A5) — Loamy Gleyed Matrix(F2) _ Very Shallow Dark Surface(TF12) 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) _ Thick Dark Surface(Al2) _ Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and _ Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) _ Surface Water(Al) — Water-Stained Leaves(139) — Surface Soil Cracks(136) High Water Table(A2) — Aquatic Fauna(613) _ Drainage Patterns(610) _ Saturation(A3) — True Aquatic Plants(1314) _ Dry-Season Water Table(C2) Water Marks(B1) _ Hydrogen Sulfide Odor(Cl) _ Crayfish Burrows(C8) Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) _ Saturation Visible on Aerial Imagery(C9) Drift Deposits(133) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) Iron Deposits(135) — Thin Muck Surface(C7) _ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) _ Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(68) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: E-Wet Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342E) NWI classification: PEM1 C Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation ,Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation ,Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Quercus macrocarpa(Burr Oak) 75 Y FAC That Are OBL,FACW,or FAC: 4 (A) 2. Salix nigra(Black Willow) 20 N OBL 3. Ulmus americana(American Elm) 20 N FACW Total Number of Dominant Species Across All Strata: 4 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: 100 (A/B) 115 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Juglans nigra(Black Walnut) 3 N FACU Total%Cover of: Multiply by: 2. Rhamnus cathartica(European Buckthorn) 75 Y FAC OBL species 60 x 1 = 60 3. FACW species 20 x 2= 40 4. FAC species 170 x 3= 510 5. FACU species 3 x4= 12 78 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 253 (A) 622 (B) 1. Rhamnus cathartica(European Buckthorn) 20 Y FAC 2. Lemna minor(Common Duckweed) 40 Y OBL Prevalence Index =B/A= 2.46 3, Hydrophytic Vegetation Indicators: 4. 1 -Rapid Test for Hydrophytic Vegetation 5, V( 2-Dominance Test is>50% 6. ✓ 3-Prevalence Index is<_3.0' 7. _ 4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) g. — Problematic Hydrophytic Vegetation'(Explain) 10. 60 =Total Cover 'indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. 2 Hydrophytic Vegetation Present? Yes No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: E Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type Loc Texture Remarks 0-14 10 YR 3/2 100 Loam 14-20 10 YR 3/1 100 Loam 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': — Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) _ Black Histic(A3) — Stripped Matrix(S6) ✓ Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF1 2) — 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) _ Depleted Dark Surface(F7) 'Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) _ Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required:check all that apply) Secondary Indicators(minimum of two required) Surface Water(A1) _ Water-Stained Leaves(139) — Surface Soil Cracks(136) ✓ High Water Table(A2) — Aquatic Fauna(1313) — Drainage Patterns(1310) ✓ Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(B1) ✓ Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(B3) — Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) — FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(B7) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes ✓ No Depth(inches): 6 Saturation Present? Yes ✓ No Depth(inches): 3 Wetland Hydrology Present? Yes ✓ No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/201411:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: F-LIP Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Quam (1824, Hydric) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (if no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus deltoides(Eastern Cottonwood) 25 Y FAC That Are OBL,FACW,or FAC: 7 (A) 2. Ulmus americana (American Elm) 15 Y FACW Total Number of Dominant 3. Salix nigra(Black Willow) 20 Y OBL Species Across All Strata: 8 (B) 4. 5 Percent of Dominant Species That Are OBL,FACW,or FAC: 0.875 (A/B) 60 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica (European Buckthorn) 20 Y FAC Total%Cover of: Multiply by: 2. Salix interior(Sandbar Willow) 15 Y FACW OBL species 20 x 1 = 20 3. FACW species 45 x 2= 90 4. FAC species 95 x 3= 285 5. FACU species 15 x 4= 60 35 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 175 (A) 455 (B) 1. Melitotus alba (White Sweet Clover) 15 N NA 2. Poa pratensis(Kentucky Blue Grass) 30 Y FAC Prevalence Index =B/A= 2.60 3, Hydrophytic Vegetation Indicators: 4. 1 -Rapid Test for Hydrophytic Vegetation 5, 2-Dominance Test is>50% 6, ✓ 3-Prevalence Index is:53.0' 7. _ 4-Morphological Adaptations'(Provide supporting 8 data in Remarks or on a separate sheet) g — Problematic Hydrophytic Vegetation'(Explain) 10. 65 =Total Cover 'indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Parthenocissus inserta(Virgins Creeper) 15 Y FACU Hydrophytic 2. Vitis riparia(River-Bank Grape) 15 Y FACW Vegetation 30Present? Yes ✓ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: F Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-4 10 YR 4/3 S 4-24 10 YR 5/6 S 'Type: C=Concentration, D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: — Histosol(Al) _ Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) _ Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF12) — 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) _ Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 'Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): THydricoil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) Surface Water(Al) — Water-Stained Leaves(139) — Surface Soil Cracks(136) — High Water Table(A2) — Aquatic Fauna(B13) — Drainage Patterns(1310) — Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(61) — Hydrogen Sulfide Odor(C1) — Crayfish Burrows(C8) — Sediment Deposits(B2) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(63) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) _ Algal Mat or Crust(64) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) — FAC-Neutral Test(D5) Inundation Visible on Aerial Imagery(B7) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) _ Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: F Wet Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Quam (1824, Hydric) NWI classification: PEM1 C Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes ✓ No Hydric Soil Present? Yes ✓ No Is the Sampled Area within a Wetland? Yes ✓ No Wetland Hydrology Present? Yes ✓ No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus deltoides(Eastern Cottonwood) 30 Y FAC That Are OBL,FACW,or FAC: 6 (A) 2. Ulmus americana(American Elm) 15 Y FACW Total Number of Dominant 3. Salix nigra(Black Willow) 25 Y OBL Species Across All Strata: 7 (B) 4. 5 Percent of Dominant Species That Are OBL,FACW,or FAC: 0.86 (A/B) 70 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica(European Buckthorn) 20 Y FAC Total%Cover of: Multiply by: 2. Salix interior(Sandbar Willow) 15 Y FACW OBL species 40 x 1 = 40 3. FACW species 42 x 2= 84 4. FAC species 50 x 3= 150 5. FACU species 11 x 4= 44 35 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 143 (A) 318 (B) 1. Melitotus alba (White Sweet Clover) 2 N NA 2. Potamogeton natans(BLPondweed) 2 N OBL Prevalence Index =B/A= 2.22 3. Solidago canadensis (Canadian Goldenrod) 1 N FACU Hydrophytic Vegetation Indicators: 4, Cyperus esculentus(Chufa) 2 N FACW 1 -Rapid Test for Hydrophytic Vegetation 5. Eleocharis palustris(Common Spike-Rush) 20 Y OBL 2-Dominance Test is>50% 6, ✓ 3-Prevalence Index is 53.0' 7. _ 4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. 27 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Parthenocissus inserta (Virgina Creeper) 10 Y FACU 2. Vitis riparia(River-Bank Grape) 10 Y FACW Vegetation Vegetation 20Present? Yes/ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: F WET Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type Loc Texture Remarks 0-36 10 YR 5/1 S Type: C=Concentration,D=De letion,RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': — Histosol(Al) — Sandy Gleyed Matrix(S4) _ Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — — Stripped Matrix(S6) Black Histic(A3) — Dark Surface(S7) ✓ Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF12) — 2 cm Muck(A10) ✓ Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 'Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, — 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required check all that apply) Secondary Indicators(minimum of two required) Surface Water(Al) — Water-Stained Leaves(139) _ Surface Soil Cracks(66) ✓ High Water Table(A2) — Aquatic Fauna(1313) _ Drainage Patterns(610) ✓ Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(61) ✓ Hydrogen Sulfide Odor(Cl) ✓ Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) — Algal Mat or Crust(84) — Recent Iron Reduction in Tilled Soils(C6) ✓ Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) — FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes ✓ No Depth(inches): 3 Saturation Present? Yes ✓ No Depth(inches): 0 Wetland Hydrology Present? Yes ✓ No includes capilla fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Proiect/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11i201411:01:29AL Applicant/Owner: Dakota County State: MN Sampling Point: G Up Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342C) NWI classification: None Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Fraxinus nigra(Black Ash) 20 Y FACW That Are OBL,FACW,or FAC: 6 (A) 2. Ulmus americana(American Elm) 10 N FACW Total Number of Dominant 3. Quercus macrocarpa(Burr Oak) 40 Y FAC Species Across All Strata: 7 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: .85 (A/B) 70 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica(European Buckthorn) 60 Y FAC Total%Cover of: Multiply by: 2 OBL species x 1 = 3 FACW species 92 x2= 184 4 FAC species 115 x3= 345 5 FACU species 25 x4= 100 60 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 232 (A) 629 (B) 1. Ribes americanum (Wild Black Current) 2 N FACW 2. Rhamnus cathartica(European Buckthorn) 5 Y FAC Prevalence Index =B/A= 2.71 3. Solidago canadensis(Canadian Goldenrod) 3 N FACU Hydrophytic Vegetation Indicators: 4. Poa pratensis(Kentucky Blue Grass) 10 Y FAC 1 -Rapid Test for Hydrophytic Vegetation 5. Rubus idaeus(Common Red Raspberry) 2 N FACU 2-Dominance Test is>50% 6 ✓ 3-Prevalence Index is<-3.0' 4-Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) 8. 9 — Problematic Hydrophytic Vegetation' (Explain) 10. 22 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Parthenocissus inserta (Virgina Creeper) 20 Y FACU Hydrophytic 2. Vitis riparia(River-Bank Grape) 60 Y FACW Vegetation Present? Yes ✓ No 80 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region-Version 2.0 SOIL Sampling Point: G UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' ToTexture Remarks 0-6 10 YR 2/1 100 6-12 10 YR 5/1 100 12-30 10 YR 5/1 60 7.5 YR 4/6 40 C M L 'Type: C=Concentration,D=De letion,RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': — Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF 12) — 2 cm Muck(A10) — Depleted Matrix(F3) _ Other(Explain in Remarks) ✓ Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required:check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) — Water-Stained Leaves(139) _ Surface Soil Cracks(136) — High Water Table(A2) — Aquatic Fauna(1313) _ Drainage Patterns(610) — Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(131) — Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(B5) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No %/ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes v( No Depth(inches): 15 Wetland Hydrology Present? Yes No ✓ (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/11/2014 11:01:29 AN Applicant/Owner: Dakota County State: MN Sampling Point: G Wet Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): depression Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: Kingsley(342C) NWI classification: PEM1 C Are climatic/hydrologic conditions on the site typical for this time of year? Yes No ✓ (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes V No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Due to above normal precipitation during the 3 months prior to the delineation, conditions may be wetter than normal. VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Fraxinus nigra(Black Ash) 20 Y FACW That Are OBL,FACW,or FAC: 6 (A) 2. Ulmus americana (American Elm) 5 N FACW 3. Quercus macrocarpa(Burr Oak) 40 Y FAC Total Number of Dominant 7 Species Across All Strata: (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: .85 (A/B) 65 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica (European Buckthorn) 40 Y FAC Total%Cover of: Multiply by: 2. OBL species 80 x 1 = 80 3. FACW species 175 x 2= 350 4. FAC species 80 x 3= 240 5. FACU species 15 x4= 60 40 =Total Cover UPL species x 5= Herb Stratum (Plot size: 5 ) Column Totals: 350 (A) 730 (B) 1. Phalaris arundinacea (Reed Canary Grass) 100 Y FACW 2. Lemna minor(Common Duckweed) 80 Y OBL Prevalence Index =B/A= 2.08 3, Hydrophytic Vegetation Indicators: 4. 1 -Rapid Test for Hydrophytic Vegetation 5, 2-Dominance Test is>50% 6. ✓ 3-Prevalence Index is 153.01 7. _ 4-Morphological Adaptations'(Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. 180 =Total Cover 'indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Parthenocissus inserta(Virginia Creeper) 15 Y FACU 2. Vitis riparia(River-Bank Grape) 50 Y FACW Hydrophytic Vegetation Present? Yes No 65 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: G WET Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-4 10 YR 2/1 MMI 4-10 10 YR 6/1 SL 10-24 10 YR 6/1 95 10 YR 4/6 5 C M C 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) _ Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) ✓ Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF12) _ 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) ✓ Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(Si) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): FHydricoil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) ✓ Surface Water(Al) — Water-Stained Leaves(139) — Surface Soil Cracks(136) ✓ High Water Table(A2) — Aquatic Fauna(1313) — Drainage Patterns(1310) ✓ Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(131) — Hydrogen Sulfide Odor(Cl) _ Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) _ Drift Deposits(133) — Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) ✓ Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes ✓ No Depth(inches): 6 Water Table Present? Yes ✓ No Depth(inches): 0 Saturation Present? Yes ✓ No Depth(inches): 0 Wetland Hydrology Present? Yes ✓ No includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/15/2014 11:05:04 AN Applicant/Owner: Dakota County State: MN Sampling Point: H Up Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus deltoides(Eastern Cottonwood) 30 Yes FAC That Are OBL,FACW,or FAC: 5 (A) 2. Salix nigra(Black Willow) 20 Yes OBL Total Number of Dominant 3. Betula papyrifera(Paper Birch) 15 No FACU Species Across All Strata: 5 (B) 4. Acer negundo(Ash-leaf Maple) 10 No FAC 5. Ulmus americana(American Elm) 8 No FACW Percent of Dominant Species 100 That Are OBL,FACW,or FAC: (A/B) 90 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica (European Buckthorn) 30 Yes FAC Total%Cover of: Multiply by: 2. Sambucus nigra(Black Elder) 5 No FACW OBL species 22 x 1 = 22 3. FACW species 135 x 2= 270 4. FAC species 70 x 3= 210 5. FACU species 21 x4= 84 35 =Total Cover UPL species 0 x 5= 0 Herb Stratum (Plot size: 5 ) Column Totals: 248 (A) 586 (B) 1. Phalaris arundinacea(Reed Canary Grass) 85 Yes FACW 2. Vitis riparia(River Bank Grape) 20 No FACW Prevalence Index =B/A= 2.36 3. Rubus idaeus(Common Red Raspberry) 5 No FACU Hydrophytic Vegetation Indicators: 4. Leersia oryzoides(Rice Cutgrass) 2 No OBL 1-Rapid Test for Hydrophytic Vegetation 5. Pilea pumila(Canadian Clearweed) 2 No FACW 2-Dominance Test is>50% 6. Polygonum sagittatum (Arrow. Tear Thumb) 5 No NA ✓ 3-Prevalence Index is:53.01 7. _ 4-Morphological Adaptations'(Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. 119 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia(River Bank Grape) 15 Yes FACW Hydrophytic 2. Parthenocissus quinquefolia (V. Creeper) 1 No FACU Vegetation 16Present? Yes_y No =Total Cover .Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: H Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Tvpe Loc Texture Remarks 0 -4 10YR 3/2 100 5YR 4/6 2.00 C PL SL 4-20 10YR 5/2 80 5YR 4/6 20.00 C M SL 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': — Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) _ Stripped Matrix(S6) _ Hydrogen Sulfide(A4) _ Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF12) _ 2 cm Muck(At 0) — Depleted Matrix(173) — Other(Explain in Remarks) ✓ Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) Thick Dark Surface(Al2) _ Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): 0.00 Hydric Soil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) Surface Water(Al) — Water-Stained Leaves(B9) _ Surface Soil Cracks(136) — High Water Table(A2) — Aquatic Fauna(B13) — Drainage Patterns(B10) — Saturation(A3) _ True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(B1) — Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(B3) _ Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(B4) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(B5) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(135) — Inundation Visible on Aerial Imagery(B7) _ Gauge or Well Data(D9) Sparsely Vegetated Concave Surface(B8) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No %/ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/15/2014 10:24:16 AN Applicant/Owner: Dakota County State: MN Sampling Point: H-Wet Investigator(s): Carli Ewert&Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus deltoides(Eastern Cottonwood) 30 Yes FAC That Are OBL,FACW,or FAC: 6 (A) 2. Salix nigra (Black Willow) 20 Yes OBL Total Number of Dominant 3. Betula papyrifera (Paper Birch) 15 No FACU Species Across All Strata: 6 (B) 4. Acer negundo(Ash-leaf Maple) 10 No FAC 5. Ulmus americana (American Elm) 8 No FACW Percent of Dominant Species 100 That Are OBL,FACW,or FAC: (A/B) 90 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica(European Buckthorn) 30 Yes FAC Total%Cover of: Multiply by: 2. OBL species 22 x 1 = 22 3. FACW species 102 x 2= 204 4. FAC species 70 x 3= 210 5. FACU species 19 x4= 76 30 =Total Cover UPL species 0 x 5= 0 Herb Stratum (Plot size: 5 ) Column Totals: 213 (A) 512 (B) 1. Phalaris arundinacea (Reed Canary Grass) 50 Yes FACW 2. Vitis riparia(River Bank Grape) 20 Yes FACW Prevalence Index =B/A= 2.4 3. Parthenocissus quinquefolia (V. Creeper) 3 No FACU Hydrophytic Vegetation Indicators: 4. Leersia oryzoides(Rice Cutgrass) 2 No OBL 1 -Rapid Test for Hydrophytic Vegetation 5. Pilea pumila (Canadian Clearweed) 2 No FACW 2-Dominance Test is>50% 6. Polygunum sagittatum (Arrow. Tear Thumb) 5 No NA ✓ 3-Prevalence Index is:53.01 7. _ 4-Morphological Adaptations' (Provide supporting $ data in Remarks or on a separate sheet) 9 — Problematic Hydrophytic Vegetation'(Explain) 10. 77 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia (River Bank Grape) 15 Yes FACW 2. Parthenocissus quinquefolia (V. Creeper) 1 No FACU Hydrophytic Vegetation 16Present? Yes ✓ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: H-Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % pel Loc2 Texture Remarks 0 -4 10YR 3/2 100 5YR 4/6 2.00 C PL SL 4-20 10YR 5/2 80 5YR 4/6 20.00 C M SL 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol(Al) _ Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) Black Histic(A3) _ Stripped Matrix(S6) Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF1 2) 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) ✓ Depleted Below Dark Surface(A11) _ Redox Dark Surface(F6) — Thick Dark Surface(Al2) _ Depleted Dark Surface(F7) 31ndicators of hydrophytic vegetation and _ Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): 0.00 Hydric Sil Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) ✓ Water-Stained Leaves(B9) _ Surface Soil Cracks(136) — High Water Table(A2) _ Aquatic Fauna(613) — Drainage Patterns(610) — Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) — Water Marks(131) _ Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) — Sediment Deposits(132) ✓ Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) _ Stunted or Stressed Plants(D1) Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) _ Geomorphic Position(D2) Iron Deposits(135) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) — Sparsely Vegetated Concave Surface(68) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes ✓ No includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/15/2014 11:20:55 AN Applicant/Owner: Dakota County State: MN Sampling Point: H sp1 Investigator(s): Carli Ewert& Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No ✓ within a Wetland? Yes No ✓ Wetland Hydrology Present? Yes No ✓ Remarks: VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Ulmus americana(American Elm) 40 Yes FACW That Are OBL,FACW,or FAC: 5 (A) 2. Betula papyrifera (Paper Birch) 30 Yes FACU 3. Salix alba 25 Yes FACW Total Number of Dominant 7 Species Across All Strata: (B) 4. Quercus rubra 15 No FACU 5. Populus deltoides 6 No FAC Percent of Dominant Species That Are OBL,FACW,or FAC: 71.43 (A/B) 116 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica 30 Yes FAC Total%Cover of: Multiply by: 2. OBL species 0 x 1 = 0 3. FACW species -84 x 2= 168 4. FAC species 37 x3= 111 5. FACU species 51 x4= 204 30 =Total Cover UPL species 0 x 5= 0 Herb Stratum (Plot size: 5 ) Column Totals: 172 (q) 483 (g) 1. Phalaris arundinacea 3 Yes FACW 2. Solidago canadensis 2 Yes FACU Prevalence Index =B/A= 2.81 3. Parthenocissus quinquefolia 1 No FACU Hydrophytic Vegetation Indicators: 4. Rhamnus cathartica 1 No FAC 1 -Rapid Test for Hydrophytic Vegetation 5. Rubus idaeus 1 No FACU 2-Dominance Test is>50% 6. Geum alppicum 1 No FACW ✓ 3-Prevalence Index is 53.0' 7. Pteridium aquilinum 1 No FACU _ 4-Morphological Adaptations'(Provide supporting $ data in Remarks or on a separate sheet) g. — Problematic Hydrophytic Vegetation'(Explain) 10. 10 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia 15 Yes FACW 2. Parthenocissus quinquefolia 1 No FACU Hydrophytic Vegetation 16Present? Yes ✓ No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: H sp1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Tvoel Loc Texture Remarks 0 -5 10YR 2/2 100 SL 5-20 10YR 3/1 75 10YR 3/6 15.00 C M SL Type: C=Concentration,D=De letion,RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Linin2, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: — Histosol(Al) — Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Black Histic(A3) — Dark Surface(S7) — Stripped Matrix(S6) — Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) _ Very Shallow Dark Surface(TF12) — 2 cm Muck(Al 0) — Depleted Matrix(F3) — Other(Explain in Remarks) _ Depleted Below Dark Surface(Al 1) — Redox Dark Surface(F6) — Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and — Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) ✓ Water-Stained Leaves(139) — Surface Soil Cracks(136) — High Water Table(A2) — Aquatic Fauna(1313) — Drainage Patterns(610) — Saturation(A3) — True Aquatic Plants(B14) — Dry-Season Water Table(C2) — Water Marks(131) — Hydrogen Sulfide Odor(Cl) _ Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) _ Drift Deposits(133) — Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(B4) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) _ Sparsely Vegetated Concave Surface(138) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No v/ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes ✓ No includes ca ilia fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 8/15/2014 12:04:29 Ph Y Applicant/Owner: Dakota Count State: MN Sampling Point: SP I Investigator(s): Carli Ewert&Reed Schwarting Section,Township,Range: Section 14, T1 15N, R20W Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: NWI classification:. Are climatic/hydrologic conditions on the site typical for this time of year? Yes '✓ No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No ✓ within a Wetland? Yes No ✓ Wetland Hydrology Present? Yes No ✓ Remarks: VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Betula nigra 20 Yes FACW That Are OBL,FACW,or FAC: 3 (A) 2. Fraxinus pennsylvanica 15 Yes FACW Total Number of Dominant 3. Species Across All Strata: 3 (B) 4. Percent of Dominant Species 5. That Are OBL,FACW,or FAC: 100 (A/B) 35 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1 Total%Cover of: Multiply by: 2 OBL species 2 x 1 = 2 3 FACW species 80 x 2= 160 4 FAC species 1 x 3= 3 5 FACU species 0 x4= 0 0 =Total Cover UPL species 5 x 5= 25 Herb Stratum (Plot size: 5 ) Column Totals: 88 (A) 190 (B) 1. Phalaris arundinacea 45 Yes FACW 2. Persicaria amphibia 2 No OBL Prevalence Index =B/A= 2.15 3. Plantago major 1 No FAC Hydrophytic Vegetation Indicators: 4. Fragaria vesca 5 No UPL 1 -Rapid Test for Hydrophytic Vegetation 5 2-Dominance Test is>50% f. / 3-Prevalence Index is<_3.0' 7 _4-Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) . 8 8 — Problematic Hydrophytic Vegetation'(Explain) 9. 10. 53 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Hydrophytic 2. Vegetation Present? Yes No 0 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: SP I Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Tvpe Loc Texture Remarks 0-5 10YR 2/2 100 L 5- 15 10YR 2/2 55 7.5YR 4/6 15.00 C M L 10YR 4/2 30.00 D M 15-20 10YR 4/2 90 10YR 4/6 10.00 C M SL 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: — Histosol(Al) _ Sandy Gleyed Matrix(S4) — Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) — Black Histic(A3) _ Stripped Matrix(S6) _ Hydrogen Sulfide(A4) — Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) — Loamy Gleyed Matrix(F2) _ Very Shallow Dark Surface(TF 12) — 2 cm Muck(A10) — Depleted Matrix(F3) — Other(Explain in Remarks) — Depleted Below Dark Surface(A11) — Redox Dark Surface(F6) _ Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 31ndicators of hydrophytic vegetation and _ Sandy Mucky Mineral(S1) — Redox Depressions(F8) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): 0.00 ]:H:ydricSoil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) — Surface Water(Al) — Water-Stained Leaves(139) _ Surface Soil Cracks(136) — High Water Table(A2) — Aquatic Fauna(B13) — Drainage Patterns(1310) — Saturation(A3) — True Aquatic Plants(1314) — Dry-Season Water Table(C2) Water Marks(131) _ Hydrogen Sulfide Odor(Cl) — Crayfish Burrows(C8) — Sediment Deposits(132) — Oxidized Rhizospheres on Living Roots(C3) — Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) — Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) — Recent Iron Reduction in Tilled Soils(C6) — Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) — Inundation Visible on Aerial Imagery(137) — Gauge or Well Data(D9) _ Sparsely Vegetated Concave Surface(138) _ Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No ✓ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes No ✓ (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 APPENDIX C APPENDIX C Antecedent Precipitation Data Wetland Photos WETLAND DELINEATION REPORT North Creek Regional Bike Trail WSB Project No.01728-120 NRCS method-Rainfall Documentation Worksheet Hydrology Tools for Wetland Determination NRCS Engineering Field Handbook Chapter 19 Date 8/1/2014 Landowner/Project N.Creek Greenway Delineation Weather Station Dakota-Lebanon-Cedar Grove State MN County Dakota Growing Season Yes Photo/obs Date 7/31/20141 Soil Name Kingsley shaded cells are Long-term rainfall statistics locked or calculated (from WETS table or State Climatology Office) 30% 30% Condition Month Product of chance chance Dry,Wet, Condition Weight Previous 2 Month < > Precip Normal Value Value Columns � 1st Prior Month* June 2.90 5.48 14.11 W 3 3 9 2nd Prior Month* May 2.70 4.28 3.99 N 2 24 3rd Prior Month* April 1.60 3.03 6.631W 3 1 3 *compared to photo/observation date Sum E16 Note:If sum is 6-9 prior period has been drier Condition value: than normal Dry=1 10-14 prior period has been normal Normal=2 Wet=3 15-18 prior period has been wetter than normal Conclusions: prior period has been wetter than normal APPENDIX Wedand Photos � �tt�• ,�1k - , ', `+ �; 7 •� of �_� aF[„•.'. .��r i. Photo 1.Wetland A,facing east with sample11 bottom right "1 by the soil WETLAND DELINEATION North Creek Regional Bike Trail WSB Project No.01728-120 APPENDIX C Photo 2.Wetland B,facing south with sample point 13-wet in bottom left corner marked by soil auger. WETLAND DELINEATION REPORT North Creek Regional Bike Trail WSB Project No.01728-120 rr y i �y pgy py Y' �r, r APPENDIX C s Photo 3.Wetland C,facing east with transect marked by pink delineation flags. WETLAND DELINEATION REPORT North Creek Regional Bike Trail WSB Project No.01728-120 APPENDIX C �F a- h A n a. Photo 4. Facing north,with sample point D mark by soil auger. WETLAND DELINEATION REPORT North Creek Regional Bike Trail WSB Project No.01728-120 ` nS ivy v �t. T. ... .c fes.. • t w ' ..._.. /' + .� ,i i exp• � �Ti►,"�.� �r� .5 �r�A i'�,� �h 7 y, Y/ m j i. k APPENDIX C 46 A s i, ' t .L x` Photo 6.Wetland F,facing north with transect running east and west with sample point F-up marked by soil auger. WETLAND DELINEATION REPORT North Creek Regional Bike Trail W5B Project No.01728-120 APPENDIX C � •.�a;. fir" - � w {A b f y 7 s ` i ° n r _ 1 r Photo 7.Wetland G,facing south towards wetland sample point indicated by soil auger. WETLAND DELINEATION REPORT North Creek Regional Bike Trail WSB Project No.01728-120 APPENDIX • • , •. t �r m r t f _ t �x • nbY. • • • Wetland H, facingnorth with samplepoint markedsoil auger • in the center of _ ADDENDUM 1 WETLAND DETERMINATION DATA FORM—Midwest Region Project/Site: North Creek Greenway Delineation City/County: Apple Valley/Dakota Sampling Date: 10/6/20142:53:21 PM Applicant/Owner: Dakota County State: MN Sampling Point: Sp A Up Investigator(s): Carli Ewert&Reed Schwarting Section,Township,Range: Landform(hillslope,terrace,etc.): Local relief(concave,convex,none): Slope(%): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no,explain in Remarks.) Are Vegetation ,Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes ✓ No Are Vegetation ,Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No ✓ within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: VEGETATION—Use scientific names of plants. Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) %Cover Species? Status Number of Dominant Species 1. Populus deltoides (eastern cottonwood) 35 Yes FAC That Are OBL,FACW,or FAC: 4 (A) 2. Ulmus americana (American elm) 30 Yes FACW 3, Quercus alba (white oak) 20 Yes FACU Total Number of Dominant 5 Species Across All Strata: (B) 4. Fraxinus pennsylvanica (green ash) 5 No FACW 5 Percent of Dominant Species 80 That Are OBL,FACW,or FAC: (A/B) 90 =Total Cover Sapling/Shrub Stratum (Plot size: 15 ) Prevalence Index worksheet: 1. Rhamnus cathartica (European buckthorn) 20 Yes FAC Total%Cover of: Multiply by: 2. OBL species 0 x 1 = 0 3. FACW species 50 x2= 100 4. FAC species 55 x3= 165 5. FACU species 20 x4= 80 20 =Total Cover UPL species 0 x5= 0 Herb Stratum (Plot size: 5 ) Column Totals: 125 (A) 345 (B) 1. 2. Prevalence Index =B/A= 2.76 3, Hydrophytic Vegetation Indicators: 4, 1 -Rapid Test for Hydrophytic Vegetation 5. 2-Dominance Test is>50% 6. 3-Prevalence Index is 53.0' 7. _ 4-Morphological Adaptations' (Provide supporting 8 data in Remarks or on a separate sheet) g — Problematic Hydrophytic Vegetation'(Explain) 10. 0 =Total Cover 'Indicators of hydric soil and wetland hydrology must Woody Vine Stratum (Plot size: 30 ) be present,unless disturbed or problematic. 1. Vitis riparia (river-bank grape) 15 Yes FACW Hydrophytic 2. Vegetation 15Present? Yes No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) RECEIVED OCTOBER 8, 2014 US Army Corps of Engineers Midwest Region–Version 2.0 SOIL Sampling Point: Sp A Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc Texture Remarks 0-6 10YR 2/2 100 L 6-22 10YR 3/3 100 SL 'Type: C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol(Al) — Sandy Gleyed Matrix(S4) _ Coast Prairie Redox(A16) — Histic Epipedon(A2) — Sandy Redox(S5) — Dark Surface(S7) _ Black Histic(A3) _ Stripped Matrix(S6) _ Hydrogen Sulfide(A4) _ Loamy Mucky Mineral(F1) — Iron-Manganese Masses(F12) — Stratified Layers(A5) _ Loamy Gleyed Matrix(F2) — Very Shallow Dark Surface(TF12) — 2 cm Muck(Al 0) _ Depleted Matrix(F3) _ Other(Explain in Remarks) — Depleted Below Dark Surface(Al 1) _ Redox Dark Surface(F6) _ Thick Dark Surface(Al2) — Depleted Dark Surface(F7) 3Indicators of hydrophytic vegetation and _ Sandy Mucky Mineral(S1) — Redox Depressions(178) wetland hydrology must be present, _ 5 cm Mucky Peat or Peat(S3) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required;check all that apply) Secondary Indicators(minimum of two required) Surface Water(Al) _ Water-Stained Leaves(139) _ Surface Soil Cracks(136) — High Water Table(A2) _ Aquatic Fauna(613) _ Drainage Patterns(1310) — Saturation(A3) _ True Aquatic Plants(1314) _ Dry-Season Water Table(C2) — Water Marks(131) _ Hydrogen Sulfide Odor(C1) — Crayfish Burrows(C8) Sediment Deposits(132) _ Oxidized Rhizospheres on Living Roots(C3) _ Saturation Visible on Aerial Imagery(C9) — Drift Deposits(133) _ Presence of Reduced Iron(C4) — Stunted or Stressed Plants(D1) — Algal Mat or Crust(134) _ Recent Iron Reduction in Tilled Soils(C6) ✓ Geomorphic Position(D2) — Iron Deposits(135) — Thin Muck Surface(C7) ✓ FAC-Neutral Test(D5) Inundation Visible on Aerial Imagery(137) _ Gauge or Well Data(D9) ✓ Sparsely Vegetated Concave Surface(68) — Other(Explain in Remarks) Field Observations: Surface Water Present? Yes No v/ Depth(inches): Water Table Present? Yes No ✓ Depth(inches): Saturation Present? Yes No ✓ Depth(inches): Wetland Hydrology Present? Yes ✓ No includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Midwest Region–Version 2.0 ADDENDUM 3 K GAJ 3„ Legend Sample Point 50 Foot Buffer Project Corridor RECEIVED OCTOBER 8, 2014 Figure 8. LGU Possible Wetland Sample Point 0 30 60 120 i North Creek Regional Greenway Delineation Feet WSB ��' G' R Dakota County, MND •sse •ees• •es• •se City of Apple I Val ey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Jane Byron,Water Quality Technician DATE: November 13,2014 SUBJECT: WETLAND DELINEATION CSAH 42 PEDESTRIAN TRAIL A wetland delineation is required by the Minnesota Wetland Conservation Act (WCA) when a project may adversely impact a wetland, primarily by draining or filling a portion of it. A Local Government Unit (LGU) is responsible for administering the program. The City of Apple Valley is the LGU for projects taking place in Apple Valley. As a part of the CSAH 42 Pedestrian Trail project, Dakota County located and found the boundaries of all wetlands occurring within the project bounds from Elm Drive in Apple Valley to Nicollet Avenue in Burnsville. A wetland delineation report was submitted September 23, 2014, by Bolton& Menk, Inc., on behalf of the Dakota County. The report depicts the location of wetland boundaries, a determination of wetland types, the methods used to determine boundaries, and the evidence supporting the location of wetland boundaries. Apple Valley maintains LGU status for the entire project because no wetlands were found to occur within the Burnsville extent of the project;per MN Rule 8420.0200 Subp 1 F, "the local government unit is the one in which most of the wetland impacts will occur". Attached for your review is a copy of the delineation report dated August 20 and received September 23, 2014. Should the Mayor and City Council approve the wetland delineation for the project segment occurring within Apple Valley, a Notice of Decision will be sent to all required parties. Based on the conditions found on site October 10, 2014, staff believes the wetland delineation conforms to standards found within the ACOE 1987 Wetland Delineation Manual, accompanying supplements, and the standards of the Minnesota Wetland Conservation Act. Recommended Action: Approve the Wetland Delineation for the CSAH 42 Pedestrian Trail project as summarized in the delineation report dated August 20, 2014. JB:cg Attachments c: Todd Blomstrom i�f y Ax \ . 6 Type and Boundary Application CSAH 42 Pedestrian Trail Dakota County, Minnesota August 20, 2014 Submitted by: Bolton & Menk, Inc. 1960 Premier Drive Mankato, MN 56001-5900 P: 507-625-4171 I, ,, r F: 507-625-4177 BOI___TOIV 8, M E=—N K, I NC.- Consu(ting Engineers&Surveyors Y 11 TABLE OF CONTENTS PART ONE:APPLICANT INFORMATION .................................................................................................1 PART TWO:SITE LOCATION INFORMATION..........................................................................................1 PARTTHREE:GENERAL PROJECT/SITE INFORMATION..........................................................................1 PART FOUR: AQUATIC RESOURCE IMPACT SUMMARY........................................................................2 PART FIVE: APPLICANT SIGNATURE......................................................................................................2 ATTACHMENTA.....................................................................................................................................3 APPENDIX WETLAND INVESTIGATION AND DELINEATION REPORT CSAH 42 Pedestrian Trail Dakota County, Minnesota Prepared by:Bolton&Menk,Inc.-742.108503 Table of Contents Project Name and/or Number: CSAH 42 Pedestrian Trail PART ONE: Applicant Information If applicant is an entity(company,government entity,partnership,etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: Dakota County Mailing Address: 1590 Highway 55, Hastings, MN 5503-2372 Phone: 651-438-4418 E-mail Address: Authorized Contact(do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Dan Donayre,Wetland Specialist, Bolton&Menk, Inc. Mailing Address: 1960 Premier Drive, Mankato,MN 56001 Phone: 507-625-4171 ext.2646 E-mail Address: dando@bolton-menk.com PART TWO: Site Location Information County: Dakota City/Township: Burnsville,Apple Valley Parcel ID and/or Address: CSAH 42,north side from Elm Drive to Nicollet Avenue Legal Description(Section,Township,Range): 29 and 30,115N,20W and 25,115N,21W Lat/Long(decimal degrees): Attach a map showing the location of the site in relation to local streets,roads,highways. See Delineation Report attachments Approximate size of site(acres)or if a linear project,length (feet): 10,600 Feet If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 4345 2012oct pdf PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland,lake,tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character,and dimensions of all proposed activities and aquatic resource impacts. Dakota County is proposing to build a bituminous pedestrian trail on the north side of CSAR 42 between Elm Drive and Nicollet Avenue. The trail will address current safety issues associated with pedestrian traffic along this stretch of road. Minnesota Interagency Water Resource Application Form February 2014 Page 1 Project Name and/or Number: CSAR 42 Pedestrian Trail PART FOUR: Aquatic Resource Impact' Summary If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below.Include all anticipated impacts,including those expected to be temporary.Attach an overhead view map, aerial photo,and/or drawing showing all of the aquatic resources in the project area and the location(s)of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic Type of Impact Duration of Existing Plant County,Major Aquatic Resource Resource Type Community(fill,excavate, Impact Overall Size of Watershed# ID(as noted on drain,or Permanent(P) Size of Impact2 Aquatic and Bank overhead view) (wetland,lake, remove or Temporary Resources Type(s) Service Area# tributary etc.) Impact Area4 vegetation) (T)1 of Impact Area` 'if impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220) 21mpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 square feet). 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". °Use Wetland Plants and Plont Community Types of Minnesota and Wisconsin 3rd Ed.as modified in MN Rules 8420.0405 Subp.2. sRefer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate. 1 further attest that I possess the authority to undertake the work described herein. Signature: ynt Date: se �e rc�bt�f t?f Zc) I hereby authorize Bolton&Menk,Inc.to act on my behalf as my agent in the processing of this application and to furnish,upon request,supplemental information in support of this application. 'The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 2014 Page 2 Project Name and/or Number: CSAH 42 Pedestrian Trail Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District (Corps)and/or the Wetland Conservation Act Local Government Unit(LGU)provide me with the following(check all that apply): ®Wetland Type Confirmation ® Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring,or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area (including wetlands,tributaries,lakes,etc.). ®Preliminary Jurisdictional Determination.A preliminary jurisdictional determination(PJD)is a non-binding written indication from the Corps that waters,including wetlands,identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ❑Approved Jurisdictional Determination.An approved jurisdictional determination(AJD)is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the affected party for five years.An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual,and the Guidelines for Submitting Wetland Delineations in Minnesota(2013). htt : /www.mva usace army mil/Missions/Regulatory/DelineationJDGuidance aspx Minnesota Interagency Water Resource Application Form February 2014 Page 3 Appendix i " 4 Pi f ,. . A. If c � Wetland Delineation Report CSAH 42 Pedestrian Trail Dakota County, Minnesota August 20, 2014 Submitted by: Bolton & Menk, Inc. 1960 Premier Drive Mankato, MN 56001-5900 P: 507-625-4171 F: 507-625-4177 BOLTON 8� M E=—N K, INC•. Consulfing Engineers&Surveyors • 1/ TABLE OF CONTENTS I. INTRODUCTION.........................................................................................................1 11. WETLAND DELINEATION METHODOLOGY................................................................1 III. BACKGROUND INFORMATION..................................................................................2 IV. CLIMATE DATA..........................................................................................................3 V. SOILS..........................................................................................................................4 VI. FINDINGS...................................................................................................................4 VII. CONCLUSION.............................................................................................................6 TABLES TABLE 1-MONTHLY TEMPERATURE RANGE.....................................................................3 TABLE 2-PRECIPITATION WORKSHEET FOR AUGUST 8, 2014..........................................3 TABLE3-SOILS...................................................................................................................4 TABLE 4-WETLAND SUMMARY.........................................................................................6 APPENDIX EXHIBIT A-SITE LOCATION MAP EXHIBIT B-SITE TOPOGRAPHY-LIDAR CONTOURS EXHIBIT C-NATIONAL WETLANDS INVENTORY EXHIBIT D-PUBLIC WATERS INVENTORY EXHIBIT E-DAKOTA COUNTY SOIL SURVEY EXHIBIT F-DELINEATED WETLANDS EXHIBIT G-DELINEATION DATA SHEETS EXHIBIT H-DELINEATION PHOTOGRAPHS AND REFERENCE MAP I. INTRODUCTION In order to increase pedestrian and bike safety along CSAH 42 in Apple Valley and Burnsville, Dakota County is proposing to build a pedestrian and bike trail along the north side of CSAH 42 between Elm Street and Nicollet Avenue. The proposed alignment is located in Township 115N, Range 21 W, Section 25 and Township 115N,Range 20W, Sections 29 and 30. The study corridor is measured from the west bound curb 50-feet to the north. The corridor lies in an urban landscape consisting of both residential and commercial properties. II. WETLAND DELINEATION METHODOLOGY The wetland boundaries were delineated and staked in the field on August 8,2014,using methods described in the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0)". Wetlands identified were classified using "Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., 1979)", "Wetlands of the United States (United States Fish and Wildlife Service Circular No. 39, 1971 edition)" and"Wetland Plants and Plant Communities of Minnesota and Wisconsin" (Eggers and Reed Third Edition). Subsequently,the three mandatory technical criteria for wetland determinations are as follows: Hydrophytic Vegetation. A hydrophytic plant community is present when the dominant plant species present can endure prolonged inundation and/or soil saturation during the growing season. A plant's Wetland Indicator Status is determined using the 2014 National Wetland Plant List for Minnesota,published by the Army Corp of Engineers. Hydric Soils. A hydric soil is defined as a soil that is formed under conditions of saturation, flooding or ponding long enough during the growing season(the portion of the year when there is above ground growth and development of vascular plants and/or soil temperature at 12 inches below the soil surface is above 41 degrees Fahrenheit or higher) to develop anaerobic conditions in the upper part. Wetland Hydrology. An area has wetland hydrology if it experiences 14 or more consecutive days of flooding,ponding or a water table within 12 inches of the surface during the growing season at a minimum frequency of five out of ten years. This is determined by using both primary and secondary Wetland Hydrology indicators. Wetland Investigation and Delineation Report CSAH 42 Pedestrian Trail Dakota County, Minnesota Prepared by:Bolton&Menk,Inc.—742.108503 Page 1 III. BACKGROUND INFORMATION Prior to conducting a field investigation of this site, Exhibits A through E were used to complete a preliminary evaluation. The data gathered during the preliminary investigation was used as described below: Exhibit is a location map of the study area. Exhibit B is an aerial photo with 2-foot LIDAR contours overlaid on it. It provides information regarding the topography of the site, helping to identify areas that may have wetland characteristics. This photo was also used to evaluate vegetation changes and hydrology on the site prior to the site visit, identifying some areas of interest that would require a closer onsite review. Exhibit C is the National Wetlands Inventory of the site and surrounding properties. This information is used to complete a preliminary investigation of the wetlands that may or may not exist on the site. Exhibit D is used to identify waters that are regulated by the DNR. This exhibit shows where there are DNR public waters relative to the site. Exhibit E is used to complete a preliminary investigation of the soils found on the property. This is used to aid in determining the existence of soils that may be listed on either the State or National hydric soils list. Delineation Exhibits F through H were prepared from the information gathered at the site. Exhibit F is the site map showing the delineated wetland boundaries. Exhibit G includes the wetland delineation data sheets. Exhibit H includes the delineation photographs and a map showing the location and direction where the photos were taken. Wetland Investigation and Delineation Report CSAH 42 Pedestrian Trail Dakota County, Minnesota Prepared by:Bolton&Menk,Inc.—T42.108503 Page 2 IV. CLIMATE DATA The monthly temperature table below shows the average high and low temperatures for the months of May through July of 2014, along with the historical averages for these months. In general,the monthly low and high averages for this period have been normal when compared to the historical averages. TABLE 1 —MONTHLY TEMPERATURE RANGE 90 - _____--------------.__-- 80 ------ ,_ - - 70 --- -----___ __ 60 -----.------- 29--------- 50 --------- --- -- - 40 ---- - - ----- --- -- - - - -t-Monthly High -f-Monthly Low A Avg High x Avg Low The precipitation worksheet below shows that for this delineation, conducted in August,the area was experiencing wetter than normal conditions. TABLE 2—PRECIPITATION WORKSHEET FOR AUGUST 8,2014 first month prior: second month prior: third month prior: July 2013 June 2013 May 2013 Total precipitation 1.56" 10.57" 4.61" for the month 30% chance will have 2.83" 2.83" 2.88" less than 30% chance will have 5.13" 5.38" 4.52" more than Type of month: Dry Wet Wet Monthly score: 3 * 1 =3 2 * 3 =6 1 * 3 =3 Multi-month score: 6 to 9 (dry) 10 to 14 (non-nal) 15.to 18 (wet) 12 -Wet This climatic data was gathered using the Climatology Working Group Website, http://climate.umn.edu/. The information for the investigation was retrieved from the WETS Station in Rosemount; Station ID—217107. Wetland Investigation and Delineation Report CSAH 42 Pedestrian Trail Dakota County, Minnesota Prepared by:Bolton&Menk,Inc.—T42.108503 Page 3 V. SOILS The Dakota County Soil Survey shows the following soils as mapped within the study area boundaries. TABLE 3—SOILS Symbol Name Slopes Hydric Soil 150B Spencer silt loam 2-6% No* 279B Otterholt silt loam 1-6% No* 342B Kingsley silt loam 3-8% No* 344 Quam silt loam 0-% Yes 857A Urban land—Waukegan complex 0-1% No 861E Urban land—Kingsley complex 15-25% No Kingsley-Mahtomedi-Spencer 895B 3-8% No complex Kingsley-Mahtomedi-Spencer ° 895C complex 8-15% No 896E Kingsley-Mahtomedi complex 15-25% No 1039 Urban land 0-2% No *soils may contain hydric inclusions VI. FINDINGS On August 8, 2014 a field investigation was performed to evaluate and verify the existence and boundary of any wetlands located within the study cooridor. One wetland was found to exist within the study corridor. The following describes the wetland found,together with a brief description of its type and observations made in determining the upper wetland limits. Wetland 1 (W1): Wetland 1 is located in Apple Valley on the far eastern end of the study corridor. This wetland is listed on the National Wetlands Inventory(NWI) as a Palustrine Unconsolidated Bottom Intermittently Exposed excavated (PUBGx)wetland. This investigation concurs with this classification, the wetland having characteristics of a Type 4—Deep Marsh. Wetland Investigation and Delineation Report CSAH 42 Pedestrian Trail Dakota County, Minnesota Prepared by:Bolton&Menk,Inc.—742.108503 Page 4 One transect and several sample points were taken to determine the wetland boundary. Vegetation, soils,hydrology and topography aided in determining the wetland boundary. The wetland plant community, at the transect location, is dominated by reed canary grass, marsh milkweed, common buckthorn, green ash,box elder and eastern cottonwood. The upland plant community is dominated by eastern cottonwood, common buckthorn, gooseberry, green ash and river bank grape. A hydrophytic plant community is found at both locations. The Dakota County Soil Survey identifies the soil at the transect location as Urban land— Kingsley complex,which is not considered hydric. The soils in wetland pit met hydric soil indicator A11 —Depleted Below Dark Surface. The upland pit did not meet any hydric soil indicators. Soils in the wetland pit were saturated at 10-inches,with the water table at 12-inches. The wetland pit also met secondary hydrology indicators D2—Geomorphic Position and D5 —FAC Neutral Test. Soils in the upland pit were saturated below 15-inches and did not meet any secondary hydrology indicators. The determining factor for this delineation was the lack of hydrology and hydric soils at the upland pit locations. A hydrophytic plant community was found at both pit locations. In addition to the wetlands found, one area with wetland characteristics was investigated. The following is a brief description of the area investigated and why it was determined to be non- wetland. Site 1 S1 : Site 1 is located east of CSAH 11, adjacent to the Walgreen's back entrance. It was investigated because of the presence of hydrophytic plants. The Dakota County soil survey has Kingsley sandy loam mapped at this location,which is not considered hydric. This site is not listed on the NWI. The plant community at this site is dominated by common buckthorn, sandbar willow, cattail, Canadian thistle, ground ivy and Virginia creeper. This plant community is not considered hydrophytic. Wetland Investigation and Delineation Report CSAH 42 Pedestrian Trail Dakota County, Minnesota Prepared by:Bolton&Menk,Inc.—742.108503 Page 5 The soils within the sample pit were not saturated and did not exhibit any hydric soils indicators. The location only met secondary hydrology indictor D2. This site was determined to be non-wetland because of the lack of all three wetland criteria at the location. VII. CONCLUSION This delineation was performed on August 8, 2014. The boundaries of the wetlands were staked in the field with three foot"Wetland Delineation"pin flags. The location of the pin flags were surveyed by Bolton &Menk, Inc. using a Trimble Geo-XH GPS Data Collector and tied to the Dakota County coordinate system. The delineated limits are believed to be the upper limits of where all three of the required criteria were present. It should be noted that wetland boundaries may vary as a result of varied precipitation and evaporation rates from season to season. There is no guarantee that a future wetland delineation boundary will be in the same location. Bolton&Menk, Inc., was asked to determine the boundaries of those jurisdictional wetlands that exist upon this property as defined by the Wetland Conservation Act. Based upon all available information,the existing conditions that currently prevail, and the on-site investigation, evidence supports the presence of one wetland within the boundaries of the study area. TABLE 4—WETLAND SUMMARY Id# Wetland Type' Acres* W1 Type 4 .017 *acreage measured within study area. Sincerely, BOLTON&MENK, INC. Dan Donayre Certified Wetland Delineator,No. 1191 Wetland Investigation and Delineation Report CSAH 42 Pedestrian Trail Dakota County, Minnesota Prepared by:Bolton&Menk,Inc.—742.108503 Page 6 • 11 APPENDIX CSAH 42 Pedestrian Trail Location Map August,2014 Exhibit A , A L y i Wr r f y - - �m 7 -x:1.7 l}, °}� ?�-rar �c �. - �♦ '; � t WWI!f J M; f� ` w �', x �,�� � s �"�►.? '�'"��. �,u,.-,� ) w .�1 we � ..-, �� 'f�..t1}, `r i. ��t'. - �r '- � ♦ ��>,! Fry _ ! I.i e % aS+y-*^. • �Yw- '�; �Y� �.:..IJY'tf i 'y'� Legend � '� �..� � 'C�i rX r a9 t i w\/..i �- ifs w,-tr••- ,; x 1. Study Corridor 1 r 'mar .. • .t } R.,.. tf �, . ',«.; .... '1p a i �� e. ♦ !��"3..�.�.'ti�,��,;,. �:a. C r�tt w�: e � - r Vr err ,r k4 1Y 1 1,000 I Feet t Zi Source:ESRI ..e / I• } f � u �. _ � - v f7�Pf aWc t° CSAH 42 Pedestrian Trail 2-Foot LiDAR Countors August,2014 Exhibit B 0 9�4 � cv,� y7 ••� -a 9� �o> hi m . ma �'0j2,t3s o>;. .. ♦p 2�. � 50 10 `u • R^3.':: 3,.m �- �• -., Oo f -. 9 _ i�.1n> > � � � ' ' 740 aO" '1�0 ' � ti i� f i o� � ..i,_, 3'' q- 't°j ' b <1 r _ 2 �A rn R,d 1L • m, t'2 �m°,, Bf a 944 95p w a ^oo, ' kir �1J�•. 1` Gam/ y a p } 0 `*I 1 .6 r��N „'\' .,r,9gs ,�p. �� _ � • d ' �\ 1... � Oj�;� atN 'r,.A '" �7i. 92 rn 7.'wfi` °f)rn�Ir1 yPo N �v ° r A f- iif �tq'^ w.�'°6"�sy)D •��"�r. Y +, �)�R ,o �, k 2.4 sy' e ` {{� � �'�Asrr I,OJ� ""�' 1020 ""'i .� �,'�w� `v�1 ItZ,£,,"`"�g r�`.",:,,;, •r h ,�o.'t� 940. � 'Fy '6 _ a 1 .... � ,}�. +.1 '6 �� �� g Nr oto � � •y�_ � - a �. 4 �� � 'r;'t' j -. •,.: `�- -�L28 � `�Pry� T""1 2 � {r �t 4 1s.o � 9� 7a a j Mr.AjW 972 E v r 'r+ � O � 7i7 O. c• q � p ^Q� 4^ A L y r •- 'ice. 0 .. 9 O - w, a j�Z1i�2g�. + f qq#- rpp o�.y+.. `a'M O.• r..^ Study Corridor t, A ��- Index Contour `' �� �S. �", ' ''� '•' v� OrO 006 C.1.QA. .< to < ' tet..• ' � d m s } 9 L , t e 0 700 s6I Feet Source:ESRIIma Imagery(2013),Dakota A�' 6 g u1 4 96f ar County 9 Y vR max. �o i CSAH 42 Pedestrian Trail National Wetlands Inventory oJON �t August,2014 Exhibit C s x r �. s», ♦ 96 MIF �:a r�"�,,,� '• r.�•,� r . �. � �,. , GC�u9G Gf�(u9fr'" is } t w "t .I R.r ¢ Kms a4°, Gti9C� GC:L3ftf°f1u51C� wr �. GLG4t1C� Geral #. + GOO9G GMLttGC��u9PGMC'� r f MT& 9G GCfu9C@ Gi u9P pail, F AMP -lr.,w. R? ,r. ', i� a!1'?�i! ' vim~ w •. ' e' �GCtC3C�3 �4� 3� FRV V FMqV 4,1F,.• } t > vy 4�1 g Y awr�..r ; 9p t ; r •t P f� r Legend e ,' 'R,"> "' ...w +W° f t -4. if►: `-"'�^a' '� « r. ` :c ~ " -� Lc`� ~ • IL 4 'NW1 Wetland t+rL?I w ,s a w►., Study Corridor A 1 ,F ' �- - u 4� �,�w� �* • � rt�lX11(�$� M,w e ax T r f Y - rr ._ art..- ,k x � 'r �°f'rr'i"•� 3- v " 1 11Source:ESR1 Imagery(2013),MnDNR E.l�' - 4, a �..i'O, •v a.fYw fi, .•, .`, ,. - - K= Gllfp�r�. i CSAH 42 Pedestrian Trail Public Waters Inventory August,2014 Exhibit D J T� Awa . 1 ' , yy f l 45 M Y Y • t 41#' A"kN A $41 �� w: sib 441 v= r" J e w � • q • e i ry: tw t one Legend e # . • ay . . •• �' oE ` Study(Corridor w PWI Basin e � P""�� . � � ,�!' +ry� «'� , �• �, .N �ski' �'• .w.,, 4 41R3.3C`'°► r d"�x+ rt+ . {� «."q- 'AU r PWI Watercourse , 10 0 700 Source:ESR1 Imagery(2013),MnDNR r � y �. =ia, c* -:._i ,SAM �.,c ,r o �► fr t .. y,=�i w.;far r b 4 �_.• k ,. t k k � Y� ,�A a��-r'� !�: '��t'�*+�a`r��Y. f+ K�i�` '� � ). i CSAH 42 Pedestrian Trail Dakota County Soil Survey m�oN �x August,2014 Exhibit E IE, z � r ;.'C his' G4�30 .a 1110 A OFF , • �� ! r 9Cp Jell 4 ' a �► �` 9 . l � 9nYXS . e o `:.. fir 9Fl .o , +P t fi Y W t 9L�It=3 '" issi� Aw `A •r!r' Tole 0,,I ,T.•W.*�iw i ifi- Di IT ,.94 Legend . � �,.rae t { },- IF 49 CD M Study Corridor ► v * `(r o. �' ,�,�!�I .,. 1. ,�/ Y7_ •. tl. + � -: un �'{� '� p 1'�R.. .yam '�S •' KNon Hydric ' `� *xWl1YL f A6t�, •. ' 5.. . '� a :v •,• r' a'�,1'"iG},.. a4 _ ^• 11!�uf? �'�,r f y1 q::rir �+�� '! ��r 1 . 1►�,` "'� �•t # L Hydric ' u 700Source:ESRI Imagery(2013),Dakota K County a x P SON s. CSAH 42 Pedestrian Trail Delineated Wetland and Investigation Site o i .r August,2014 Exhibit F TOW Ak _ AL1pw S � x M IOwl too x y� r s. ^" 4 8 s v a � rel Legend JK -4 A- a. Study Corridor K a 0 Soil Boring .� A Allow ! m m 0 200 01111INE�Feet Source:ESRI Imagery(2013) w ' EXHIBIT G: i WETLAND DETERMINATION DATA FORM a (Midwest Region) Project/Site: CSAR 42 Pedestrian Trail City/County: Apple Vally/Dakota Sampling Date: 8/8/14 Applicant/Owner: Dakota County State: MN Sampling Point: WI-SBA Investigator(s): Dan Donayre Sec,Twp,Ran: 29,115N,20W Landform(hillside,terrace,etc.): Basin Local Relief(concave,convex,none): Concave Slope(%): 04% Lat: Long: Datum: _ Soil Map Unit Name: Urban Land-Kingsley complex NWI or WWI Classification: PUBGx Are climatic/hydrologic conditions on the site typical for this time of year? ❑ Yes ® No (if no explain in remarks) Are Vegetation ❑,Soil ❑,or Hydrology ❑significantly disturbed? Are"normal circumstances"present? ® Yes ❑ No Are Vegetation ❑,Soil ❑,or Hydrology ❑naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS Hydrophytic Vegetation Present? ® Yes ❑ No Hydric Soil Present? ® Yes ❑ No Is the Sampled Area within a wetland? ® � [I No Wetland Hydrology Present? ® Yes ❑ No Remarks: Pit dug to 15". Climatic conditions wetter than normal. VEGETATION—,Use scientific names of plants Tree Stratum (Plot Size: 30) Absolute%Cover Dominant Species? Indicator Status Dominance Test Worksheet: 1. Populus deltoides 25 ® Yes ❑ No FAC Number of dominant species that are OBL, 2. Fraxinus pennslyvanica 10 ® Yes ❑ No FACW FACW,or FAC: 7(A) 3. ❑ Yes ❑ No Total number of 4 ❑ Yes ❑ No dominant species across all strata: 7(B) 5. _ ❑ Yes ❑ No Percent of dominant 35 =Total Cover species that are OBL, FACW or FAC: 100(AB) Saplings/Shrub Stratum(Plot Size: 15) Prevalence Index Worksheet: 1. Acer negundo 20 ® Yes ❑ No FAC Total%Cover of: Multiply By: 2. Rhamnus cathartica 15 ® Yes ❑ No FAC OBL species: x 1 — 3. Fraxinus pennslyvanica 10 N Yes ❑ No FACW FACW species: x 2 4 - ❑ Yes ❑ No FAC species: x 3 — 5• — ❑ Yes ❑ No FACU species: x 4 45 =Total Cover UPL species: x 5 Herb Stratum(Plot size:51 Column Totals: (A) (B) 1. Phalaris anmdinacea 20 ® Yes ❑ No FACW Prevalence Index(B/A)_ 2. Asclepias incamam 5 ® Yes ❑ No OBL Hydrophytic Vegetation Indicators: 3. ❑ Yes ❑ No ❑ Rapid Test for Hydrophytic Vegetation 4. — El Yes ❑ No ® Dominance Testis>50% 5. ❑ Yes ❑ No ❑ Prevalence Index is<3.0' 6. ❑ Yes ❑ No ❑ Morphological Adaptations'(Provide 7. ❑ Yes ❑ No supporting data in Remarks or on separate sheet) 8. ❑ Yes ❑ No — [I Problematic Hydrophytic Vegetation 9. ❑ Yes ❑ No (Explain in Remarks) 10. ❑ Yes ❑ No 'Indicators of hydric soil and wetland hydrology 29 =Total Cover must be present,unless disturbed or problematic. Woody Vine Stratum (Plot size: 30) 1 ❑ Yes ❑ No — Hydrophytic ® Yes El No 2. ❑ Yes ❑ No Vegetation Present? Total Cover Remarks(Include photo numbers here or on a separate sheet): EXHIBIT G: WETLAND DETERMINATION DATA FORM �► (Midwest Region) Z SOILS Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Matrix Redox Features Depth in Texture Remarks Color(moi stl L Color(moist) °/u Tvne, LOO 0-10 10 YR 2/1 100 SCL 10+ 10 YR 4/1 95 7.5 YR 4/6 5 C M SCL 'Type:C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 'Location: PL=Pore Lining,M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils': ❑ Histosol(At) ❑ Sandy Gleyed Matrix(S4) ❑ Coast Prairie Redox(A16)(LRR K L,R) ❑ Histic Epipedon(A2) ❑ Sandy Redox(S5) ❑ Iron-Manganese Masses(F 12)(LRR K,L,R) ❑ Black Histic(A3) ❑ Stripped Matrix(S6) ❑ Dark Surface(S7)(LRR K,L) ❑ Hydrogen Sulfide(A4) ❑ Loamy Mucky Mineral(FI) ❑ Very Shallow Dark Surface(TF12) ❑ Stratified Layers(A5) ❑ Loamy Gleyed Matrix(F2) ❑ Other(Explain in Remarks) ❑ 2 cm Muck(A10) ❑ Depleted Matrix(173) ® Depleted Below Dark Surface(Al 1) ❑ Redox Dark Surface(F6) ❑ Thick Dark Surface(Al2) ❑ Depleted Dark Surface (F7) 'Indicators of hydrophytic vegetation and wetland ❑ Sandy Mucky Mineral(Sl) ❑ Redox Depressions(178) hydrology must be present;unless disturbed ❑ 5 cm Mucky Peat or Peat(S3) or problematic. Restrictive layer(if observed): Type: Hydric Soil Present? ® Yes ❑ No Depth(in): Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required check all that apply) Secondary Indicators(minimum of two required) ❑ Surface Water(Al) ❑ Water Stained Leaves(139) ❑ Surface Soil Cracks(B6) ® High Water Table(A2) ❑ Aquatic Fauna(1313) ❑ Drainage Patterns(B 10) ® Saturation(A3) ❑ True Aquatic Plants(B 14) ❑ Dry-Season Water Table(C2) ❑ Water Marks(Bl) ❑ Hydrogen Sulfide Odor(CI) ❑ Crayfish Burrows(C8) ❑ Sediment Deposits(132) ❑ Oxidized Rhizospheres on Living Roots(0) ❑ Saturation Visible on Aerial Imagery ❑ Drift Deposits(B3) ❑ Presence of Reduced Iron C4 C9( ) ( ) ❑ Stunted or Stressed (Dl) ❑ Algal Mat or Crust(B4) ❑ Recent Iron Reduction in Tilled SoilsC6 ( ) ® Geomorphic Position(D2) ❑ Iron Deposits(BS) ❑ Thin Muck Surface(C7) ® FAC-Neutral Test(D5) ❑ Inundation Visible on Aerial Imagery(137) ❑ Gauge or Well Data(D9) ❑ Sparsely Vegetated ConcaveSurface(138) ❑ Other(Explain in Remarks) Field Observations: Surface Water Present? ❑ Yes ® No Depth(in): _ Water Table Present? ® Yes ❑ No Depth(in): 12" Saturation Present? 0 Yes ❑ No Depth(in): 10" Wetland Hydrology Present? ® Yes ❑ No (includes capillary fringe) Describe Recorded Data(stream gage,monitoring well,aerial photos,previous inspections),if available: Remarks: ' EXHIBIT G: WETLAND DETERMINATION DATA FORM a ,, (Midwest Region) Project/Site: CSAH 42 Pedestrian Trail City/County: Apple Vally/Dakota Sampling Date: 8/8/14 Applicant/Owner: Dakota County State: MN Sampling Point: W 1-SBB Investigator(s): Dan Donayre Sec,Twp,Ran: 29.115N,20W Landform(hillside,terrace,etc.): Backslope Local Relief(concave,convex,none): Slope Slope(1/o): 0-1% Lat: Long: Datum: Soil Map Unit Name: Urban Land-Kingsley complex NWI or WWI Classification: None Are climatic/hydrologic conditions on the site typical for this time of year? ❑ Yes ® No (if no explain in remarks) Are Vegetation ❑,Soil ❑,or Hydrology ❑significantly disturbed? Are"normal circumstances"present? ® Yes ❑ No Are Vegetation ❑,Soil ❑,or Hydrology ❑naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS Hydrophytic Vegetation Present? ® Yes ❑ No Hydric Soil Present? ❑ Yes ® No Is the Sampled Area within ® Yes ❑ No a wetland? Wetland Hydrology Present? ❑ Yes ® No Remarks: Pit dug to 15". Climatic conditions wetter than normal. VEGETATION—Use scientific names of plants Tree Stratum (Plot Size: 30) Absolute%Cover Dominant Species? Indicator Status Dominance Test Worksheet: 1. Populus deltoides 50 ® Yes ❑ No FAC Number of dominant 2. 0 species that are OBL, — ❑ Yes ❑ No FACW,or FAC: 5(A) 3. _ ❑ Yes ❑ No Total number of dominant species 4. Yes E] No across all strata: 5(B) 5. _ ❑ Yes ❑ No Percent of dominant species that are OBL, 50 =.Total Cover FACW or FAC: 100(A/B) Sapfings/Shrub Stratum(Plot Size: 15) Prevalence Index Worksheet: 1. Rhamnus cathartica 50 ® Yes ❑ No FAC Total%Cover of: Multiply By: 2. Fraxinus pennslyvanica 30 ® Yes ❑ No FACW OBL species: x 1 3. Ribes hirtellum 20 ® Yes ❑ No FACW FACW species: x 2 4. _ ❑ Yes ❑ No FAC species: x 3 5. ❑ Yes ❑ No FACU species: x 4 100 =Total Cover UPI,species: x 5 He Stratum(Plot size:5) Column Totals: (A) (B) 1 ❑ Yes ❑ No Prevalence Index(B/A)_ 2. — ❑ Yes ❑ No Hydrophytic Vegetation Indicators: 3. ❑ Yes ❑ No ❑ Rapid Test for Hydrophytic Vegetation 4. ❑ Yes ❑ No ® Dominance Test is>50% 5. ❑ Yes ❑ No ❑ Prevalence Index is<3.01 6. Yes No El Morphological Adaptations'(Provide 7. — ❑ Yes ❑ No supporting data in Remarks or on separate sheet) 8 ❑ Yes ❑ No El Problematic Hydrophytic Vegetation 9. ❑ Yes ❑ No (Explain in Remarks) 10. — ❑ Yes ❑ No 'Indicators of hydric soil and wetland hydrology must be present,unless disturbed or problematic. =Total Cover Woody Vine Stratum (Plot size: 30) 1. Vittis riparia 30 ® Yes ❑ No FACW Hydrophytic ® yes ❑ No 2 ❑ Yes ❑ No Vegetation Present? 30 =Total Cover Remarks(Include photo numbers here or on a separate sheet): EXHIBIT G: A WETLAND DETERMINATION DATA FORM ' (Midwest Region) teexern�:. - SOILS Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Matrix Redox Features Depth in Texture Remarks Color(moist) °/u Color(moist) 1 °/n TV-e- LOC' 0+ 10 YR 4/3 100 SCL 'Type:C=Concentration,D=De letion,RM=Reduced Matrix,MS=Masked Sand Grains. 'Location: PL=Pore Lining,M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils': ❑ Histosol(Al) ❑ Sandy Gleyed Matrix(S4) ❑ Coast Prairie Redox(A16)(LRR K,L,R) ❑ Histic Epipedon(A2) ❑ Sandy Redox(S5) ❑ Iron-Manganese Masses(F 12)(LRR IC.L,R) ❑ Black Histic(A3) ❑ Stripped Matrix(S6) ❑ Dark Surface(S7)(LRR K,L) ❑ Hydrogen Sulfide(A4) ❑ Loamy Mucky Mineral(FI) ❑ Very Shallow Dark Surface(TF12) ❑ Stratified Layers(A5) ❑ Loamy Gleyed Matrix(172) ❑ Other(Explain in Remarks) ❑ 2 cm Muck(A10) ❑ Depleted Matrix(F3) ❑ Depleted Below Dark Surface(A11) ❑ Redox Dark Surface(F6) ❑ Thick Dark Surface(Al2) ❑ Depleted Dark Surface (F7) 'Indicators of hydrophytic vegetation and wetland ❑ Sandy Mucky Mineral(S 1) ❑ Redox Depressions(F8) hydrology must be present,unless disturbed ❑ 5 cm Mucky Peat or Peat(S3) or problematic. Restrictive layer(if observed): TypeHydric Soil Present? ❑ Yes ® No Depth(in): Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required,check all that apply) Secondary Indicators(minimum of two required) ❑ Surface Water(Al) ❑ Water Stained Leaves(139) ❑ Surface Soil Cracks(136) ❑ HighWater Table(A2) ❑ Aquatic Fauna(B13) ❑ Drainage Patterns(1310) ❑ Saturation(A3) ❑ True Aquatic Plants(B 14) ❑ Dry-Season Water Table(C2) ❑ Water Marks(Bl) ❑ Hydrogen Sulfide Odor(C1) ❑ Crayfish Burrows(C8) ❑ Sediment Deposits(132) ❑ Oxidized Rhizospheres on Living Roots(0) ❑ Saturation Visible on Aerial Imagery(C9) ❑ Drift Deposits(33) ❑ Presence of Reduced Iron(C4) ❑ Stunted or Stressed Plants(Dl) ❑ Algal Mat or Crust(134) ❑ Recent Iron Reduction in Tilled Soils(C6) ❑ Geomorphic Position(132) ❑ Iron Deposits(135) ❑ Thin Muck Surface(0) ® FAC-Neutral Test(D5) ❑ Inundation Visible on Aerial Imagery(137) ❑ Gauge or Well Data(D9) ❑ Sparsely Vegetated Concave Surface(138) ❑ Other(Explain in Remarks) Field Observations: Surface Water Present? ❑ Yes ® No Depth(in): _ Water Table Present? ❑ Yes ® No Depth(in): Saturation Present? ❑ Yes ® No Depth(in): Wetland Hydrology Present? El Yes ® No (includes capillary fringe) Describe Recorded Data(stream gage,monitoring well,aerial photos,previous inspections),if available: Remarks: ' EXHIBIT G: i WETLAND DETERMINATION DATA FORM (Midwest Region) Project/Site: CSAH 42 Pedestrian Trail City/County: Bumsville/Dakota Sampling Date: 8/8/14 Applicant/Owner: Dakota County State: MN Sampling Point: Site 1 Investigator(s): Dan Donayre Sec,Twp,Ran: xx Landform(hillside,terrace,etc.): Road Ditch Local Relief(concave,convex,none): Concave Slope(%): 0-1% Lat: Long: — Datum: Soil Map Unit Name: Kingsley sandy loam NWI or WWI Classification: None - Are climatic/hydrologic conditions on the site typical for this time of year? ❑ Yes ® No (if no explain in remarks) Are Vegetation ❑,Soil ❑,or Hydrology ❑significantly disturbed? Are"normal circumstances"present? ® Yes ❑ No Are Vegetation ❑,Soil ❑,or Hydrology ❑naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS Hydrophytic Vegetation Present? ❑ Yes ® No Hydric Soil Present? ❑ Yes ® No Is the Sampled Area within ❑ Yes ® No a wetland? Wetland Hydrology Present? ❑ Yes ® No Remarks: Pit dug to 12". Climatic conditoins wetter than normal. VEGETATION—Use scientific names of plants Tree Stratum(Plot Size: 30) Absolute%Cover Dominant Species? Indicator Status Dominance Test Worksheet: 1. ❑ Yes ❑ No Number of dominant species that are OBL 2. ❑ Yes ❑ No FACW,or FAC: 2(A) 3. — ❑ Yes ❑ No Total number of 4 dominant species C1 Yes [-I No across all strata: 5(B) 5. ❑ Yes ❑ No Percent of dominant species that are OBL, =Total Cover FACW or FAC: 40(AB) Saplings/Shrub Stratum(Plot Size: 15) Prevalence Index Worksheet: 1. Rhamnus cathartica 10 ® Yes ❑ No FAC Total%Cover of Multiply By 2. Salix interior 2 ® Yes ❑ No FACW OBL species: 10 x 1 10 3. ❑ Yes ❑ No FACW species: 2 x 2 4 4. _ ❑ Yes ❑ No FAC species: 10 x 3 30 5. ❑ Yes ❑ No FACU species: 75 x 4 300 12 =Total Cover UPL species: x 5 Herb Stratum(Plot size:5) Column Totals: 97 (A) 344(B) L Cirisium arvense 30 ® Yes ❑ No FACU Prevalence Index(B/A)= 3.5 2. Glechome hederace 30 ® Yes ❑ No FACU Hydrophytic Vegetation Indicators: 3. Typha sp. 10 ❑ Yes ® No OBL ❑ Rapid Test for Hydrophytic Vegetation 4. — ❑ Yes ❑ No ❑ Dominance Testis>50% S. ❑ Yes ❑ No ❑ Prevalence Index is<3.0' 6. ❑ Yes ❑ No C3 Morphological Adaptations'(Provide 7 ❑ Yes ❑ No supporting data in Remarks or on separate sheet) 8. ❑ Yes ❑ No C] Problematic Hydrophytic Vegetation 9. — ❑ Yes ❑ No (Explain in Remarks) 10. ❑ Yes ❑ No 'Indicators of hydric soil and wetland hydrology 70 =Total Cover must be present,unless disturbed or problematic. Woody Vine Stratum (Plot size: 301 1. Parthenocissus quinquefolia 15 ® Yes ❑ No FACU Hydrophytic 2 Vegetation Present? C3 Yes ® No ❑ Yes ❑ No 15 =Total Cover Remarks(Include photo numbers here or on a separate sheet): ' EXHIBIT G: • WETLAND DETERMINATION DATA FORM (Midwest Region) rii 7 fir.. SOILS Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Matrix Redox Features De th in Texture Remarks Color(moist) % Color(moist) % Ty 1)el Loci 0-8 10 YR 4/3 too SiL _ 8+ 10 YR 4/4 100 SiL 'T e:C=Concentration,D--Depletion,RM=Reduced Matrix,MS=Masked Sand Grains. 'Location: PL=Pore Lining,M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils': ❑-Histosol(At) ❑ Sandy Gleyed Matrix(S4) ❑ Coast Prairie Redox(A16)(LRR 1CL,R) ❑ Histic Epipedon(A2) ❑ Sandy Redox(S5) ❑ Iron-Manganese Masses(1712)(LRR 14 L,R ❑ Black Histic(A3) ❑ Stripped Matrix(S6) ❑ Dark Surface(S7)(LRR x,L) ❑ Hydrogen Sulfide(A4) ❑ Loamy Mucky Mineral(Fl) ❑ Very Shallow Dark Surface(TF12) ❑ Stratified Layers(A5) ❑ Loamy Gleyed Matrix(F2) ❑ Other(Explain in Remarks) ❑ 2 cm Muck(A10) ❑ Depleted Matrix(173) ❑ Depleted Below Dark Surface(Al l) ❑ Redox Dark Surface(F6) ❑ Thick Dark Surface(Al2) ❑ Depleted Dark Surface(177) 'Indicators of hydrophytic vegetation and wetland ❑ Sandy Mucky Mineral(S1) ❑ Redox Depressions(178) hydrology must be present,unless disturbed ❑ 5 cm Mucky Peat or Peat(S3) or problematic. Restrictive layer(if observed): Type: _ Hydric Soil Present? ❑ Yes ® No Depth(in): _ Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one is required check all that apply) Secondary Indicators(minimum of two required) ❑ Surface Water(At) ❑ Water Stained Leaves(139) ❑ Surface Soil Cracks(136) ❑ High Water Table(A2) ❑"Aquatic Fauna(B13) ❑ Drainage Patterns 0310) ❑ Saturation(A3) ❑ True Aquatic Plants(B14) ❑ Dry-Season Water Table(C2) Water Marrs(B1) ❑ Hydrogen Sulfide Odor(Cl) ❑ Crayfish Burrows(C8) ❑ Sediment Deposits(132) ❑ Oxidized Rhizospheres on I jving Roots(0) ❑ Saturation Visible on Aerial Imagery El Drift Deposits(33) El Presence of Reduced Iron C4 C9( ) ( ) ❑ Stunted or Stressed Plants(Dl) ❑ Algal Mat or Crust(134) ❑ Recent Iron Reduction in Tilled Soils(C6) ® Geomorphic Position(D2) ❑ Iron Deposits(135) ❑ Thin Muck Surface(C7) ❑ FAC-Neutral Test(135) ❑ Inundation Visible on Aerial Imagery(137) ❑ Gauge or Well Data(139) ❑ Sparsely Vegetated Concave Surface(138) ❑ Other(Explain in Remarks) Field Observations: Surface Water Present? ❑ Yes ® No Depth(in): _ Water Table Present? ❑ Yes ® No Depth(in): Saturation Present? ❑ Yes ® No Depth(in): _ Wetland Hydrology Present? ❑ Yes ® No (includes capillary fringe) Describe Recorded Data(stream gage,monitoring well,aerial photos,previous inspections),if available: Remarks: i CSAH 42 Pedestrian Trail Photo Referenec Map August,2014 Exhibit H ery G Sv�z yp' • s t� r. „ T1s w yy .q n t s e 'r e� ,s +w % {; Legend r tia . � � ., _ .: '` , :�^`�`. 'SII► %." ars � � � _ .>,: 1� ' t a A � 1 ♦ + y.. t E1 � k�� 4 '•i�� f 000 4 -P 00* ` ITEM: I r2 City of Apple CITY COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent PROJECT NAME: Tide Dry Cleaners Site Plan/Building Permit Authorization-REVISED ITEM DESCRIPTION: Site planibuilding permit authorization for a 12' x 30' cantilevered canopy and one 12'-wide asphalt drive lane to accommodate valet service at Tide Dry Cleaners, 7540 149'Street W. STAFF CONTACT: DEPARTMENT/DIVISION: Margaret Dykes, Planner Community Development Department APPLICANT: PROJECT NUMBER: Time Square Shopping Center, LLC and CMA PC14-19-B Architects APPLICATION DATE: 60 DAYS: 120 DAYS: October 3, 2014 December 1, 2014 January 30, 2015 Action Requested 1. Adopt draft resolution approving the revised site plan for a 12' x 30' cantilevered canopy and one 12'-wide asphalt drive lane to accommodate valet service at Tide Dry Cleaners, 7540 149th Street W. (Lot 3, Block 1, Levine Subdivision No 2) in the Time Square Shopping Center, as shown on the revised plans received in City offices on October 27, 2014, subject to all applicable City codes and standards,and the following conditions: a. The property owner shall apply for a Natural Resources Management Permit prior to beginning any site work. b. All exterior building elevations,including signage,shall comply with City Codes. 2. Approve the Rain Garden Construction and Maintenance Agreement and authorize the Mayor and City Clerk to sign the same. Project Summary/Issues On June 12, 2014, the City Council approved the site plan and authorized the issuance of a building permit for a 28' x 35' canopy and two asphalt drive lanes to accommodate valet service at Tide Dry Cleaners. The approval required the installation of rain gardens to accommodate the increase in stormwater runoff, and the execution of a maintenance agreement for the rain gardens. After the City approved the plans,the applicant determined that reducing the width of the drive lane would decrease the size of the required rain gardens. The City Attorney's office advised that because the applicant wished to modify the site plan,the Planning Commission and City Council must review the plans. The revised plan now shows only one 12'-wide drive lane, and a smaller 12' x 30' canopy that cantilevers over the drive lane. The tenant will still occupy approximately 3,255 sq. ft. The drive lane and canopy will require the removal of approximately 1,900 sq. ft. of green space. The applicant is now proposing one long rain garden to accommodate the additional impervious surface area. The City Attorney prepared a rain garden maintenance agreement,which has been signed by the property owner and is attached for your review. The existing building materials will be painted; there will be no changes to building fagade materials. The revised exterior elevations indicate the primary sign on the north face will protrude above the face of the building; this is a violation of the sign code and will not be permitted. Signs and/or sign structures are not included as part of the building permit authorization. A separate sign permit must be approved before any ground or building signage may be installed. The proposed 3,255 sq. ft. tenant space is allotted 119 sq. ft. of total signage for the use. The allotted signage may be split between the existing ground sign and the building in whatever configuration is agreed to by the property owner and the tenant. Staff has no outstanding concerns regarding the proposed changes other than the location of the primary sign. Therefore, staff is recommending approval of the revised plans. Budget Impact N/A Attachment(s) 1. Location Map 2. Comprehensive Plan Map 3. Zoning Map 4. Existing Conditions/Demolition 5. Revised Site/Grading/Paving, Drainage/Erosion Control 6. Revised Civil Construction Details 7. Revised Landscape Plan 8. Revised Floor Plan 9. Revised Elevations 2 HADEVELOPM\2014 Projects\Tide Cleaners Site Plan\REVISED Plans et al\REVISED Tide CC report.docx TIDE DRY CLEANERS SITE PLAN - REVISED PROJECT REVIEW Existing Conditions Property Location: 7540 149 Street W.—Time Square Shopping Center Legal Description: Lot 3,Block 1,Levine Subdivision No 2 Comprehensive Plan "C"(Commercial)-The proposed use is consistent with the Comprehensive Plan. Designation Zoning Classific5ation "RB"(Retail Business)-The proposed use is consistent with the zoning. Existing Platting Platted Current Land Use Time Square Shopping Center Size: Lot size is 1.37 acres Topography: Flat Existing Vegetation Suburban lawn Other Significant None identified Natural Features Adjacent NORTH Time Square Shopping Center Properties/Land Uses Comprehensive Plan "C"(Commercial) Zoning/Land Use "RB"(Retail Business) SOUTH O'Reilly Auto Parts/KFC-Arby's and Raisin Cane's restaurants Comprehensive Plan "C"(Commercial) Zoning/Land Use "RB"(Retail Business) EAST Time Square Shopping Center Comprehensive Plan "C"(Commercial) Zoning/Land Use "RB"(Retail Business) WEST McDonald's Restaurant Comprehensive Plan "C"(Commercial) Zoning/Land Use "RB"(Retail Business) 3 H:\DEVELOPM\2014 Projects\Tide Cleaners Site Plan\REVISED Plans et al\REVISED Tide CC report.docx CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION APPROVING SITE PLAN AND AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR TIDE DRY CLEANERS AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS,the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on November 5, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that the issuance of a building permit for Tide Dry Cleaners is hereby authorized, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one(1)year of the date of approval,the approval shall lapse. 2. The Building Permit shall be applicable to property identified as Lot 3, Block 1, Levine Subdivision No 2. 3. Construction shall occur in conformance with the site plan received in City offices on October 27,2014, subject to all applicable City codes and standards, including parking lot paving and a non-surmountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of 15' at each public street, and a valley gutter at the edge of the street pavement. 4. Construction shall occur in conformance with the landscape plan received in City offices on October 27,2014,including sodded/seeded public boulevard area up to each street curbline; subject to all applicable City codes and standards. 5. Construction shall occur in conformance with the elevation plan received in City offices on October 27, 2014, subject to installation of a sign on the north building face that complies with City codes and standards. DRAFT 6. Construction shall occur in conformance with the grading plan received in City offices on October 27, 2014. The property owner shall apply for and receive a Natural Resources Management Permit prior to beginning any site work. 7. All rain gardens and/or infiltration basins shall be constructed in conformance with City standards. The property owner shall execute a maintenance agreement to be filed with the deed that ensures the perpetual maintenance of the infiltration areas shown on the plan. Said maintenance agreement shall be drafted by the City Attorney's office. 8. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 9. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation or erection of any signs. 10. Construction shall be limited to the hours of 6 a.m. to 10 p.m. Monday through Saturday. 11. Earthmoving activities shall be limited to the hours of 6:30 a.m.to 5:30 p.m. Monday through Friday. 12. Earthmoving activities shall not occur when wind velocity exceeds thirty(30)miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 13. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning code regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125%of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline,with the cost of such City completion to be charged against the financial guarantee. 14. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration,removal,or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements,including landscaping and signage,which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. 2 DRAFT BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 13th day of November, 2014. Mary Hamann-Roland,Mayor ATTEST: Pamela J. Gackstetter, City Clerk ["J"'R A F T 3 RAIN GARDEN CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is made by and between Time Square Shopping Center Il,LLP, a Minnesota limited liability partnership(the"Owner"),and the City of Apple Valley, a Minnesota municipal corporation(the"City"). The Owner and the City shall jointly be referred to as the"Parties". WHEREAS,the Owner is the fee owner of real property located at 7540 149t1t Street West, Apple Valley,Minnesota,and legally described as follows: Lot 3,Block 1,LEVINE SUBDIVISION NO.2,according to the recorded plat thereof, Dakota County,Minnesota(the"Property"). WHEREAS,the Site, Grading,Paving,Drainage&Erosion Control Plan dated October 27, 2014, attached hereto as Exhibit A and incorporated herein(the"Site Plan"),requires the Owner to install and maintain a rain garden on the Property as depicted on the Site Plan. WHEREAS,the City requires the Owner to install and maintain the rain garden in accordance with the plans dated October 27,2014,attached hereto as Exhibit A, Exhibit B and Exhibit C and incorporated herein(collectively the"Specifications"). WHEREAS,the purpose of installing and maintaining the rain garden is on-site storm water management and to promote the water quality and volume control of the City's water bodies. WHEREAS,the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the rain garden as between the Parties, on the terms and conditions hereinafter set forth. NOW,THEREFORE,in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth,the Parties agree as follows: 1. Construction and Maintenance. 1.1 Infiltration Capacity Defined.The rain garden shall infiltrate 80 cubic feet df"&rm water runoff with no standing water remaining 48 hours after completion of a rain event(the "Infiltration Capacity"). 1.2 Construction Requirements. The rain garden shall be constructed and maintained in accordance with the Specifications and in accordance with any and all conditions set forth in the City Council Resolution approving the Site Plan and authorizing a building permit for improvements upon the Property. 1.3 Maintenance Obligation.The Owner shall maintain and repair,when necessary,the rain garden in accordance with the terms and conditions set forth in this Agreement.If at any time the rain garden fails to conform to the standards and the Specifications set forth herein, including,but not limited to,the Infiltration Capacity,the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule.The Owner shall submit to the City a proposed remediation plan and schedule to repair the rain garden to the standards set forth herein. If the City approves the proposed remediation plan and schedule,the Owner shall perform the remediation in compliance therewith. 1.4 Sweeping,Tree Leaves and Snow Storage. The Owner shall sweep clean the private streets, driveways,parking area and walkways on the Property in April or May each year to remove from the Property all sand and salt deposited on the private streets, driveways, parking area and walkways.The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall minimize the deposit and storage of snow within the rain garden to the extent reasonably feasible. 1.5 Personal Property or Debris Storage Prohibited.The Owner shall not deposit or store any personal property or debris, litter, or other objects within the rain garden and the Owner shall keep the rain garden free of any debris, leaves,litter, or other objects. 1.6 Maintenance of Vegetation.The Owner shall maintain and,when necessary,replace the approved plants and vegetation as set forth in the Civil Construction Details dated October 27, 2014, attached hereto as Exhibit B and incorporated herein and as set forth in the Landscape Plan dated October 27,2014, attached hereto as Exhibit C and incorporated herein.Notwithstanding normal plant maintenance, such as pruning, dividing or thinning vegetation,the Owner shall seek approval from the City before altering the plants used in the rain garden. The Owner shall not use any chemicals within the rain garden unless first approved by the City and only when necessary for the protection of the rain garden or its vegetation.The Owner shall repair any erosion within or surrounding the rain garden. 1.7 Maintenance Costs.The Owner shall incur and pay all costs associated with maintaining and repairing the rain garden. 2. Inspections. 2.1 Monthly Inspections.The Owner shall conduct monthly inspections of the rain garden, at the Owner's sole cost and expense,to ensure the Infiltration Capacity and a healthy plant community is maintained.If necessary,the Owner shall repair the rain garden if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants,vegetation or mulch and removal of noxious weeds, litter or other debris. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan.If the City determines that the rain garden does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement,the 2 City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty(30)days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City,the City shall notify the Owner of the deficiency,and the Owner shall submit a revised plan to the City within fourteen(14) days after receipt of such notice. 3.2 Failure to Repair.If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above,or fails to implement a City-approved remediation plan,or if the remediation plan fails to bring the rain garden into compliance with the Infiltration Capacity or Specifications,then at the sole cost and expense of the Owner,the City shall have the right,but no obligation,to prepare a remediation plan for the rain garden and complete all work necessary to correct the rain garden so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty(30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the rain garden and all work completed by the City to bring the rain garden back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City,the City may recover its costs by levying a special assessment against the Property.The Owner, on behalf of itself and its successors and assigns,hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes §429.081. 3.5 Riyht of Entry. The City shall have the right to enter the Property to inspect and to implement the terms of this Paragraph 3.The City shall not be subject to or liable for any claims of trespass by the Owner. 4. Standards for Performance.Any act of construction,maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment,Release or Termination.No amendment,release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment,release or termination. Such consent must be evidenced by a resolution duly approved by the City Council,or successor body. The Owner, on behalf of itself and its successors and assigns,expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment,release or termination,may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable.The Owner, on behalf of itself and its successors and assigns,further agrees and covenants, consistent with this acknowledgment,not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment,release or termination and to indemnify the City against any expense, including litigation costs,which the City incurs as a result of any violation by that party of this covenant.The City may, at any time,give up the right to approval granted hereunder,said action to be evidenced by City Council resolution or other format approved by the City Attorney. 3 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties,and any and all of their successors and assigns. Notwithstanding anything in this Agreement to the contrary, if the total impervious surface area within the Property is permanently reduced to the amount in existence as of the date of this Agreement and if the removed impervious surface is replaced by pervious material acceptable to the City,then this Agreement shall be of no further force or effect. 7. Recording Agreement.The Owner shall record this Agreement against the Property with the Dakota County Recorder's Office within thirty(30)days of full execution and shall provide the City with verification of recording within ninety(90)day of full execution of this Agreement. 8. Governing Law.The laws of the State of Minnesota shall govern the interpretation,validity, performance, and enforcement of this Agreement. [Signature page follows] 4 IN WITNESS WHEREOF,the parties have executed this Rain Garden Construction and Maintenance Agreement effective as of the date of execution on behalf of the City of Apple Valley. City of Apple Valley Time Square Shopping Center 11,LLP, a Minnesota limi bility partnership By:Mary Hamann-Roland By: )t 4 1 Its: Mayor Its: K AKA011flz By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF 1"I A' ) The f regoing instrument was acknowledged before me this 7 iday of 2014,by �fit' L-VI PL-C, ,the 1~191 At v1. of Time Square Shopping Center 11,LLP, a Minnesota limited liability partnership,on behalf of the limited liability partnership. Notary Publi p4 OCHELLE K MAKI 11 NOTARY PUBLIC STATE OF MINNESOTA ) MINNESOTA SS. '\`My commtaeton Expiraa Jan.$1,2015 COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,2014,by Mary Hamann-Roland and Pamela J. Gackstetter,the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation,on behalf of the municipal corporation. Notary Public This instrument was drafted by: Dougherty,Molenda, Solfest, Hills&Bauer P.A. 7300 West 147th Street, Suite 600 Apple Valley,Minnesota 55124 (952)432-3136 MDK(66-34943) 5 .. _.- .. .. > TIME SQUARE.. SHOPPING CENTER IILLP i � r^ «" (®•.», , .,. ., -- �«.«..�.,«. .« ... ,».,�. CMA TIDE DRY CLEANERS r .nPPLe -- —_ -m Z;,7 �..« --- -- - i r ' • t; � � i i i ..... ,r. PROPOSED ME DRY CLEANERS 1� " TERAWWCE 'ITN A�lB » — wa^PZ1 ? » ,a *` '""'� •. .iso,: i f' 5s ..,��. Y.«. '1a 7 It Eamm if i 14, •m c11Y s+sannlrrAL "' xnsxmmmxw». ...,e,rwvm mn w,e9.:::wn Hlua t0.L001/ ti d' _ ..".•—' .c:+ux mww xe'�.�a. 3$7.30 7 mn«s m«Femswn a F O R M ss av iF NORni n .wow. M 11 catl�y—q. 3 10 a".: TIME SQUARE ', f m,....,. 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ILA pe P a s 4490 OI 030 swvi of cewAQm m A L '1Ave eaarteci aecs'NX «o ucfm Am ]5ro400 49TH STREET W sr.rt to ne Hawn exlervi eeAsae Tare vury awu x To APPLE VALLEY nN fvsruc uacs,Ama ra.,�uas w rre art ro rra fx,fx,Har a - FIII FE�958 I[µe 1, aeefxr rcun owrelnau as Pn a RVf y.p np«iexAW.E. nwun W­ d LA 11 nATE­1­5ns?fs E_AB LPw9 nEeL0. �..- '1 xw �pw�u�.vfaaxr.tf Pr rre asr,ann e0.p«t cwsraperax co Iff T vph ° c c zsz 1 n.re4Au nae Puxrep.xp n.«rAmp we M'0'prvf veers ALL PLem 1 1 ItiuAl taAp,<I.Evr —'pfn rp A uoM a 5 b' 9EE SwE t9 rat PROPOSED TIDE DRY CLEANERS �{ as l- TENANT SPACE ].ca+raAcice s,a A�a'o coro..cr�gas AuocA,eP wnx 4aaosBp Aw ouuie+a lir°`i ..:_.. " 1 FFE-958.10 �•ASM,M.«e a au«c cmoPBr iP.x,aA«i ,. h`1:k` ' «�As:n•Ee oLurc nAleaw. aA«taoEry.xfA tae.,epn. o orlaa T vA �— - R nA1 «.wmc.of AauB,ftr wff moan cwmlax w eA,a t.apfx wP«tpw�f,w«t� d !m. � toxiaACTce Ao,et.«+c .e AOA�e55ep paw,«5 moEcrar 4L i tiva.l 4 .. °pa ­—Yve¢PvfaAu A m a.«tamfx 'aepB nnret As 21. 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EE.XOAWSORMHE 5510E to 6 E-MAIL: Ix1o0c arch cROm CONTACT:JOHN HOLTEN c 1 jhoeenOcmarch f ..:..i __ .... :i__-___ _... _O 0 -�[ -� CONSULTANT 1—INICLSONEL[�TR°ce.L O'ER WO ENS MENS LLu z MNNETTOHKAN MxE5saea 'I I SCOTT VANLEER°HEDEx LINDFORM �Ayy F F 5."NNSSaM .­E I BREAKo e:s-252-s uiAx Ds I p $mAn50NMLMACDONALD YOU x TH oRo sT STORAGE � �a -� ° � I II xneAPOiazsx�a,E,Do SEAL: alI I� �I I C € :nEREeY cERnFv THAT PLAx-EC I'AT Dx.OR R[POPT wAs PREPARED er ME OR LNDFR MY Ew yLM"'E"AND MAT uxoER WErL^cV5Exoro TrvE ITAIE 1­77'.11 eLLEs rna TECT F TIDE DRY CLEANERS i-127.4 GLA 3255 SF CAR— AR-of VALET �21 EXGNTBUILDING STOREFRONT PHOTO (NORTH ELEV.) MAK °A 155 0 �• Noar Aeon n,1r-o' S � ill ,F... o d� CLEANERS 1I TIDE DRY CLEANERS 7562-7564 d W. 149TH ST. iLoegv APPLE VALLEY, II I ICJ - MN 55124 - - O 11 I I 4 I I II- SHEET TITLE: FLOOR PLAN AND BUILDING PHOTOS 1 y/ ­1L AREA of REVISIONS: ­VOUS DOORS sstEEW�T MTOR - Irciz' i s ... wRAP Ell DOWMNS STRDxT DF LEASE PAOE TO MATCH CAR SIDE CANOPY LOW FINISH PLAN i ,FL OORLA PN z EXG BUILDING REAR PHOTO (SOUTH/WEST ELEV.) Al V,.e• a 2 t �W t� m.RmnT ON ARo,xEmMR.P A sb. 1 I�� ''/s n LUARNITED SON— S %TSON— CORNICE PTE,_ wv�ANT DELCATE ti (k a E� HiN PAINT DELICATE E0. 13'-6' pnNry mmnwewgn yyGp GE SIGNAGE FACADE PAINT _.. \ ��•APP EXG EFS P AMARILLO u -IAL TAI BCOOMWASAXI ION VL NRSIGTE FNM ® DANRLEVERED VALET PRONE: (6S 34)1300 /' CANOPY MINNEAPOLIS MN 55101-1148 o i] ,1 R AFF -1 C EANERS 12 m i NAIL: InloOc�ma on o m' ExG BU Lo xc iINISHE3 I CARSIDEVALET CONTACT:JO HN HOLTEN T .. jhNMlWcmaccM1.can ATO flNalxE ttP • - � OI]V OEAF ,. CONSULTANTS: .. I .... EDNOAIU NUCA�O/pE S�TDR CAL ...: • I I PUN IS_ ciO..RAN sa4J 14 II SCOTT VANDER"USEN 4NDFOR. eii"zsz 9oiDN SNoI 00-0 AFF 24 HOUR FPICKUP NOSX MATISON MACDONALDE YOUNG X NEW STOREPRCNi ENTRY STRUCTURAL 11 EOR DROi BOETO11-1i3"E 0 NRTHSRD 5401 NORTH ELEVATION TOOMATCH"EXE G a27=7 as"3' ARLEN GRANT A2 316. 1'-p• �� SEAL: A SGNAGE RLEVERED PALET ILLUMINATED SIGIAGE �e RO-412AFS OP 411--e f] ll I AFF ..... .... I.... — T" A. ....... .: CLEA-MRS"::. C 'NUE uxE OF TRN AROUND BUILDING,PANT DELICATE NH:. A.REevc[xTIFv-1M5 PREPARED OR DER CAU1.0"POR' DIRECTsJAT ure—SEDRMSOK AN LTYS P 7C0 CM L i� of Tne sTATe MUP E. CAn Y r 1 TRCx G x3 PRO a I NEEs ARCNTECT LEASE SPACE RO, PA Mi.c uaTcn Exa 11 t .I '� d i'—'--- -J-'--r 'Y 1"'..�'-1_ t_ T x FF TF S.uE __• GA o o-Do-•. —IND VALET ENTRY z DODRB WEST ELEVATION A2 3�6- �A i CONRNDE LINE TRIM V.IER. N AROUND BU LG.PAINT DELICATE_TE EI CATSNTETIDE DRY CLEANERS 1 PAINT Exc PANTED CMO 2y "AFF 149TH t 'r:. 7--,:.r L ANnRluo'AH TE 75 4 W. 149TH ST. APPLE VALLEY, MN 55124 T. C SHEET TITLE: C-0 AFF 1::::;7 ,t L. ,..i.. . 7 � EXTERIOR ELEVATIONS 0 aRIFILL AREA OF ENLARGE EKG OPENING FOR PROVIDE NE.STOOP AT RENOVEO DOOR i0 NEw]'-D"IDE DOW SERVICE 0008 A TCH ADJ WAIL TVP 3 SOUTH ELEVATION BOTH SIDES j� REVISIONS: � A2 3�t S•�j•_p• P—CT Ne t4ls4.00t a ... FIVE BN.A2 eroTxwxr e.W MartCNnL RA.Nt. 'C'CN Z 7 Z �y BY: R,D,HATED SGNA. CAj —I-PANT DELICATE E%G TRIM PAINT DELICATE fro'TTP L. S, WHITE E0. lY-G' A,i0 SGNAOESGNADE FACADE PANT erclRkN+. PM"'RW WW�orNuM� EWH FS PAINT AMARIUA `T. COIONIPl TAN GGG ARCMTM N, _;;A. T0.EXG PARAPETCANTREKRED VALET %HONE: (813)S4T-1300 �T - /3� m 12._0. fANOPY M EA** MN13�T 1SOt IXC WILDING NNISFES �- f E-MAIL: (fill) MOLTEN CONTACT:JOHN MOLTEN tholfenOGmOrch.Rom rP CONSULTANTS: tE£MGAiAS ANiC../E�EC1RID L b =0101 EREN RD E. 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APPLE VALLEY, / \ —LEASE LINE,TW MN 55124 / SHEET TITLE: NRILL AREA OF ENLARGE EM OPENING FDR PROVIDE NEW STOOP AT PENOVEO DDDR TO NEW 7-0'WIDE oODP S—E DOOR MATCH MJ WALL TYP 3 SOUTH ELEVATION BETM SIDES REVISIONS: A2 3rg� 1�_gN.: DATE: RY: I PRO.ECT NO 1ECEIVE fp LMRAPIT Ou.NIOEIFSPA2.P.A 20H EN L; 000 0000 � �- ITEM: Q City of Apple CITY COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent PROJECT NAME: Dakota County Western Service Center Diesel Generator Exhaust Stack Conditional Use Permit PROJECT DESCRIPTION The applicant is requesting approval of a conditional use permit to allow a 59-foot tall exhaust stack as part of a proposed 290-sq. ft. diesel generator at the Dakota County Western Service Center, located at 14955 Galaxie Avenue. The generator will be self-contained and located outside close to the northwest corner of building, approximately 120 feet east of Garrett Avenue. The exhaust stack will be anchored on top of a concrete foundation that will sit one-foot above grade. The applicant is replacing a 24-year old generator that supplies approximately 50%of the building's emergency power needs. The new generator is sized to accommodate 100% of the building's need and up to 70,000 sq. ft. of future building expansion to the existing 165,000 sq. ft. service center/library. STAFF CONTACT: DEPARTMENT/DIVISION: Thomas Lovelace, City Planner Community Development Department APPLICANT: PROJECT NUMBER: Dakota County PC14-38-C APPLICATION DATE: 60 DAYS: 120 DAYS: October 8,2014 December 6,2014 February 4, 2015 Proposed Action This item was considered at the November 5,2014,Planning Commission. The Commission voted unanimously to recommend approval of the conditional use permit as requested. The following action will approve the request in accordance with the Commission's recommendation: 1. Adoption of the draft resolution approving the conditional use permit to allow for a 59-foot tall exhaust stack in conjunction with an emergency diesel generator on Lot 1,Block 1, WESTERN SERVICE CENTER. Project Summary/Issues The property is currently zoned"P"(Institutional). This zoning district is intended for public and quasi-public uses such as schools,parks, golf courses, cemeteries,municipal buildings, clubs and lodges,hospitals,nursing homes, convalescent centers, and day-care centers and nurseries as permitted uses. The maximum height allowed within this zoning district is 40 feet. Structures taller than 40 feet are allowed by conditional use. A conditional use is a use permitted in a zoning district that is contingent upon complying with all conditions as set forth by the approving agency, in this case the City of Apple Valley. The purpose of the C.U.P. procedure is to determine if the proposed site has any unique characteristics that require special consideration to adequately accommodate the proposed use without adverse effects upon the surrounding uses. The height of the exhaust stack is dictated by standards and requirements set forth by the Minnesota Pollution Control Agency and the Environmental Protection Agency. Those agencies require that the exhaust stack be constructed in a manner that will allow it to vent emissions vertically upward without obstruction and be high enough to disperse the exhaust easily. This conditional use permit shall be subject to all applicable performance standards set forth in Section 155.344 of the City's zoning code. They specifically address noise, smoke and particulate matter, toxic and noxious fumes, odors, vibrations, glare and heat, waste material, and bulk fuel storage. They will need to conform to these performance standards, which are enforced by the Minnesota Pollution Control Agency, Minnesota Department of Agriculture,and State Fire Marshal. The applicant will be painting the generator enclosure a color that will be similar to the color of the brick on the government center building. They are not intending on painting the exhaust stack. A current 40-foot tall stack is located just east of the proposed generator whose exterior color is the result of age and exposure to the elements. It would be expected that the new stack would eventually have the same patina as the existing one. A row of conifers are located along the west and north property lines that will help to screen the generator and a large portion of the exhaust stack from Garrett Avenue, the closest public street. An additional row of conifers are located west and north of the proposed generator site. The applicant is proposing to plant 12 spruce and 9 white pine trees directly north of the generator and 9 spruce and 4 white pine trees directly south. As they mature,they will provide additional visual screening/softening of the generator and exhaust stack. The exhaust stack shall be restricted to its primary use. Any other use or display on the stack shall be prohibited. The public hearing for this conditional use permit was held at the November 5, 2014, Planning Commission meeting. No comments were received and the hearing was closed. Budget Impact No Impact Attachment(s) Draft Resolution _ Site Plan Location Map _ Planting Plans Comprehensive Plan Land Use Map Aerial View Zoning Map Street Views DAKOTA COUNTY WESTERN SERVICE CENTER DIESEL GENERATOR EXHAUST STACK CONDITIONAL USE PERMIT REQUEST Existing Conditions Property Location: 14955 Galaxie Avenue Legal Description: Lot 1,Block 1,WESTERN SERVICE CENTER Comprehensive Plan Designation "INS"(Institutional) Zoning Classification "P"(Institutional) Existing Platting Platted Current Land Use Government service center and public library Size: 15.5 acres Topography: Flat Existing Vegetation Professionally landscaped Other Significant Natural Features None Adjacent NORTH Apple Valley Municipal Center and Police Department and Properties/Land Anderson Mortua Uses Comprehensive Plan _ "INS"(Institutional)and"C"(Commercial) Zoning/Land Use "P" (Institutional) and "PD-290" (Planned _ Development) SOUTH CVS,BMO Bank,Minn.Auto Service Center,and Apple Ford Comprehensive Plan "C"(Commercial) Zoning/Land Use "PD-244" and "PD-541" (Planned Developments),and"GB"(General Busines) EAST Fischer Market Place Comprehensive Plan _ "C"(Commercial) Zoning/Land Use "PD-646"(Planned Development) WEST Apple Place Bowl and Timberland Mortgage Building Comprehensive Plan "C"(Commercial) Zoning/Land Use "PD-290"(Planned Development) CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE DAKOTA COUNTY WESTERN SERVICE CENTER EMERGENCY GENERATOR EXHAUST STACK AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulationsto-control land uses throughout the City; and WHEREAS, said regulations provide that structures exceedmg,40 feet as regulated in Section 155.248 of the City code may be allowed within the confines of a'.'P"(Institutional)zoning district and in accordance with specific perform"an6e standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for la 5�=foot tall emergency generator exhaust stack has been requested by Dakota County; and'; WHEREAS,review of such Conditional Usk Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on November 5, 2014; and,: WHEREAS,the Apple Valley Planning Commission recommended approval of such Conditional Use Permitsubject to certain conditions on November 5, 2014. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that a Conditional Use Permit for a 59-foot tall emergency generator exhaust stack within a"P"(Institutional)zone be approved subject to compliance with all applicable City,codes and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property legally described as Lot 1, Block 1,WESTERN SERVICE CENTER. 2. Such operations+shall be conducted in conformance with the site plan dated October 8, 2014,attached hereto as Exhibit "A". 3. Such operations shall be conducted in conformance with the planting plan dated October 8, 2014, attached hereto as Exhibit "B" 4. The Conditional Use Permit shall be subject to all applicable performance standards set forth in Section 155.344 of the City's zoning code and all other applicable ordinances and regulations. 5. Use of the exhaust stack for anything not associated with the emission of exhaust from the emergency diesel generator shall be strictly prohibited. 6. The Conditional Use Permit may be revoked for cause if the terms of conditions 2 through 5 preceding are not adhered to. ADOPTED this 13th day of November,2014. Mary Hamarul-Roland,Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter,Apple Val 1ey',City Clerk,hereby certify that the forgoing is a true „ban and correct copy of a resolution adopted by the City C6unciton November 13, 2014, the original of which is in my possession, dated;this day of 2014. Pamela J. Gackstetter, City Clerk 2 Exhibit 'A" DAKOTA COUNTY WESTERN SER VT E CENTER GENERATOR PAD EXHIBI 7' h' 4J• tg t wfi j /j JJ 3 d ceafl�N+4�.€ mareasra �' r e" L7k:TAfL ! yY r f[ 'Rpm awe sxmr.rt. asp „... g '+raw" 4a%tW, NK WWNH », x ' 11 f d x�cx i b 4Wkarts."ysa c�a¢�mw§wa8 � � $ f 0 s ae.,�ca aew�a.rex uxExcex '. � �:P,,r�. ^az*P:. '.e " •.� .. +A...a •:..ak_;` 31 � �.-,�,,. .,^an✓ x aK,aem�+n w $ A awa wr u � �a _., I R. . . Exhibit "8" 10 .. Fr^ pfl 4 12`write tea T, end t ria r cess IOcations y n� a 4 — 12' *site pine S block hills spruce- 4 � pp Jerk TACOUNTY S g e 91W J ------------- 7, ---- F z t,41 } a F s w F7 �- erator s v;. 3 Gen � �9 RE Site IV ITe � � f ��s' = -iii+�.w"�-�.em�'� =sr"�"1,a.�:��-w-�-"-'r'�����- ':•*aa ..y��� s;.i,,s _ 'Ihs f um il 4 DCWSC GENERATORAp ple Valley } 'i EXHAUST STACK C.U .P. LOCATION MAP MEN " m ' t I HDR L �i. \ 4 R I C a �i l C lQl. "INST: n:a I 1 1 Uj �I ®CWSC GENERATOR 3. AppVa11e EXHAUST STACK C.U.P. �1 .s COMP PLAN MAP - '®INST" (institutional) ` H REQ rJ 40340 I CENTER . 98,292 ; LB m - - 23,5:'0 Q 9 52,235 ANCH R<\\h I� _ PD-290 R V.R ! U' O15,526 SEC. T> - II E9,450 ' ����� � �'. 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W+Cw R NTE I FEV SION DESCRIPTION 10/TDR WtE RELF.-ASCD .9. �na.M P�UI 5 s° it t Ni w _ A6- OCT-0 0 20111 .' nu DAKOTA COUNTY GOVERNMENT CENTER APPLE VALLEY,MN cutw xonu xe ^ 8 c o t z 3 o DIESEL GENERATOR EXHAUST STACK Rccusco PLANTING PLAN 7EVISION OES[R,PTMN CO/rat MiE RELEASC0 Iror„*n UvC P-Ot x v �! y M rn A v r m t � " t v e 'd }� 1 k il ii x �v r s a ' r� m I, r ` e , sr r 3 = f 4} } xu k,� X ff 4 R r s LOOKING SOUTH FROM GARRETT AVENUE • Arr w- F J J rr r y e .rvf ♦ k j5 - HV, - e ek �: ::.� x � "'! 'S� � .�E grim s^�,_.• J'"£Y� • k � �� n �� u. y � GvlJf s ti d' a •1• City of Apple Valley MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Todd Blomstrom,Public Works Director DATE: November 10, 2013 SUBJECT: RESOLUTION APPROVING SETTLEMENT AGREEMENT AND EASEMENT DOCUMENTS FOR LOTS 9 and 10, BLOCK 1, FARQUAR LAKE ADDITION The attached Settlement Agreement and easement documents provide for the acquisition of a ponding easement along the shoreline of Farquar Lake within Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION. The easement boundaries are delineated to include the 100-year high water level elevation within the property. Funding for acquisition of the easements is provided in the Storm Water Drainage Utility should the City Council approve the subject resolution. If the City Council has questions regarding this item, staff recommends that Council convene in closed session to discuss details related to this matter. Recommended Action: Adopt Resolution Approving Settlement Agreement and Easement Documents for Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION. TAB:cg Attachments CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION APPROVING SETTLEMENT AGREEMENT AND EASEMENT DOCUMENTS FOR LOTS 9 AND 10, BLOCK 1, FARQUAR LAKE ADDITION WHEREAS, the City of Apple Valley staff and the property owner of Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION have negotiated a settlement for acquisition of a ponding easement; and , WHEREAS, the City Council wishes to authorize execution of a settlement agreement with the property owner of Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION and acquire an easement for said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that: 1. The Mayor and City Clerk are hereby authorized to execute the Settlement Agreement and Release document for Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION, a copy of said document is attached hereto. 2. The City Council hereby authorizes acquisition of a ponding easement for Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION, a copy of said easement document is attached hereto. 3. The City shall provide payment for said easements in the amount stipulated in the Settlement Agreement and Easement documents, subject to final review and acceptance of the Settlement Agreement and Easement document by the City Attorney. ADOPTED this 13th day of November 2014. Mary Hammond-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE OF TRUST STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) Jennifer R. Kistner, being first duly sworn on oath says. 1. The name of the Trust is: Jennifer R. Kistner Revocable Trust Agreement. 2. The date of execution of the trust is: December 10, 2010. 3. The name of the Grantor is: Jennifer R. Kistner. 4. The name of each original trustee is: Jennifer R. Kistner. 5. The name and address of each trustee empowered to act under the Trust Instrument at the time of the execution of this Certificate is: Jennifer R. Kistner, 4885 Dominica Way, Apple Valley,MN 55124 6. The trustees are authorized by the Trust Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property, EXCEPT as limited by the following: (if none, so indicate): None. 7. Any other Trust provisions the undersigned wishes to include: None. 8. The trust instrument ❑ has 0 has not terminated or been revoked. 9. The statements contained in this Certificate of Trust are true and correct and there are no other provisions in the Trust Instrument or amendments to it that limit the powers of the Trustee(s)to sell, convey, pledge, mortgage, lease, or transfer title to interests in real or personal property. T stee or Gra or J nn r R K stner Signed and sworn to before me on f , 20 4 by Jen i er R. Ki tner 1 ary Publi THIS INSTRUMENT WAS DRAFTED BY: KELLY A MALKowAKRE . Notary Public DOUGHERTY MOLEND At� Minnesota , SOLFEST � w ��� My Comm.Expires HILLS &BAUER P.A. Jan 31,.2018 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 RBB: 66-20891 PONDING EASEMENT THIS PONDING, DRAINAGE AND UTILITY EASEMENT is made and entered into this_)*7 day of O G kc\o-e—V , 2014, by and between Jennifer R. Kistner, as Trustee of the Jennifer R. Kistner Revocable Trust under Agreement dated December 10, 2010, hereinafter referred to as "Landowner," and the City of Apple Valley, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: That the Landowner, in consideration of the sum of Twenty-five Thousand and no/100 Dollars ($25,000.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent ponding easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: That part of Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly and northwesterly of the following described Line 1 and southeasterly of the following described Line 2: LINE l: Commencing at the southwest corner of said Lot 10, Block 1; thence on an assumed bearing of North, along the west line of said Lot 10, a distance of 145.52 feet to the point of beginning of said Line 1 to be described; thence North 27 degrees 30 minutes 36 seconds East a distance of 47.35 feet; thence North 61 degrees 00 minutes 45 seconds East a distance of 36.44 feet; thence North 26 degrees 25 minutes 24 seconds East a distance of 137.35 feet; thence North 55 degrees 23 minutes 11 seconds East a distance of 66.71 feet; thence South 58 degrees 53 minutes 42 seconds East a distance of 12.03 feet, thence North 59 degrees 11 minutes 58 seconds East a distance of 24.67 feet; thence North 10 degrees 38 minutes 59 seconds East a distance of 18.09 feet; thence North 59 degrees 52 minutes 07 seconds East a distance 30.40 feet to the east line of said Lot 9, Block I and said Line 1 there terminating. LINE 2: Commencing at the southwest corner of said Lot 10, Block l; thence on an assumed bearing of North, along the west line of said Lot 10, a distance of 178.57 feet to the point of beginning of said Line 2 to be described; thence North 33 degrees 00 minutes 37 seconds East a distance of 32.76 feet; thence North 45 degrees 28 minutes 45 seconds East a distance of 43.83 feet; thence North 9 degrees 33 minutes 29 seconds East a distance of 34.15 feet;thence North 29 degrees 45 minutes 23 seconds East a distance of 63.82 feet; thence North 43 degrees 48 minutes 01 seconds East a distance of 26.65 feet; thence North 57 degrees 25 minutes 51 seconds East a distance of 66.22 feet; thence North 58 degrees 21 minutes 17 seconds East a distance of 80.50 feet to the east line of said Lot 9, Block 1 and said Line 2 there terminating. (the"Easement Area"). See also Exhibit"A" attached hereto and incorporated herein. The City shall have the right to do whatever is necessary for the enjoyment of the rights herein granted, including the right of storing surface water, conveying drainage, clearing the Easement Area to allow for the use of the Easement Area as stated herein, and also including the right, but not the obligation, to stabilize ground surfaces from erosion, remove diseased trees, dead trees, brush undergrowth, or other obstructions and the right of ingress and egress to and from said Easement Area and over and across the Easement Area for these purposes. And the Landowner, for herself, her heirs, executors, administrators and assigns does hereby release the said City of Apple Valley,its successors and assigns, from all claims for any and all damages resulting to said Easement Area by reason of the location of lake or ponding area. It is expressly understood that the City, its successors or assigns shall waive and release the lands or that portion thereof used for permanent lake or ponding purposes from any special assessment levied on an area basis on account of any improvement in the City of for such time as said lands are used for permanent lake or ponding purposes, but at such time as such uses or purposes are abandoned then said lands may again be subject to such special assessments, as have been levied or may hereafter be levied. The Landowner covenants with the City that Landowner is the fee title owner of the Easement Area and has good right to grant and convey the easement herein to the City. 2 IN WITNESS WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. Vr R. *stner, as Trustee of the r R. Kistner Revocable Trust under Agreement dated December 10, 2010 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this —ftday of 2014 by Jennifer R. Kistner, j�rustee of the Jennifer R. Kistner Revocable Trust under Agreement dated December, 10, 20 0. t i n ff l N ry Pu is KELLY A MALKN AmKRE' ,? Notary Public �- '� Minnesota , f My Comm.Expires Jan 31,2015 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY& MOLENDA, P.A. 7300 West, 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (RBB: 66-20891/Easement No. 33) 3 ✓ 00 r Exhibit A P Y/` /✓✓ S /�,/ QTR y DRAINAGE EASEMENT DESCRIPTION QJK _ That pert of Lots 9 and 10,Stock 1,NlRQUAR LAKE ADDITION,according to J Off' the recorded plat Oeroof Dakota County, k4innesela,ging northenty and non11HWAsry of The lolbmng described Lina 1 and soumeastedy of the folio tng 4� de.sc bad Una 2. LIN EY / / J ding at the authweal of -ad Lot 10.Slack t thence an an LOT 9 assumad beoang at Nodh,Along rhe west fine of said Lot 10 distance of 145.52 Met to the pent 11 bog 'ng a said Line 1 to bed bed;thence North 27 de0raes 30minutes 36 seconds East a dislance of 47.35 feel; thence North 61 degrees 00 minutes 45 seconds East a diAww of X44 teat thence North 26 degrees 25"miles 24 eeconds Eat a d.1-ca of 137,36 Mot thence Nrsth 55 degfe s 23 minutes 11 wads E t distance YYV' J of 60 71 feet;0nance South 58 deg a 53 re, res 42 socnnds East o / dwlance of 1203 feet;thence Nom 69 dogrees 14 mmulos SB seconds East ad stance of 24.07 feet thence North 10 degrees 38 minutes 59 socooda Q98" Easl a d+stance W 18.09 feet thence,North 59 dcgroes$2 minuses 07 S secolsds East a distance of 30.40 feet to the eget has of said Lot 0,Slack 1 and said Una 1 there terrlenabng_ LINE 2; N Cammoncing of the southwest comer of said Let 10,Bock 1 therrce on an i I assu"d bearing of North,along the wast fine of sold Lot 10 a distance of r I 176 57 loot to the F oint of beginning of said Line 2 to be descr bed:Ihenco Nadh 33 dagro D0 am.lea 31 sesa d East a.dixlanc of 32.70 seat, toI thence North 45 degrees 28 minuhm 45 seconds East a dis,ance of 43.83 :-I: than North 9 degrees 33 rte lea 29 seronds East a dstanca nt 34,15' r 43 �-� eet thence North 20 daglens 45 fnneMR 23 seconds East a dislance of I I 03 82 feet;thence Noah 43 degrees 48"Wea 0t seconds fust a distance I1 / W 2065 fest;thence NAM 57 degress 25 odnulus St sowrnds East e diehrnce of 65.22!soli thence North 58 degrees 2Y minutes 17 seconds East a dislance of 80.50 feet.to Idle east khe of said Let 9,Black 1 and said Line 2 I n I time wtvioat o 111 ryg�°r' F _ �y Legal DescriRtim LOTS 9 AND 10, BLOCK 1. FAROUAR LAKE ADDITION i rn 1 I a DAKOTA COUNTY.MINNESOTA ADDRESS: 4855 DOMINICA WAY WEST APPLE VALLEY. MINNESOTA e I PID : 01-25700-100-01 toil o 'I to o SCALE : 1' 30' EASEMENT AREA 7,413 SF ! ease'+ ws nw w.v _ aLN9W PiEVANEb Fit afn mt CONSULTING QltaN7—NIS.OTA am nrr¢a unp ar 4.scc _ 7� ROBE PLANNERS end Lrats �' - ILICITY OF APPLE VALLEY " " .5 � SURVEY _. ._ EN GIN E E!i IN G �,__.._.._._.�....�� COMrrIN , INC. "? , - FARQUAR LA.tC� AMMON � n y. "' - ru»m Ai"fN.f.1YaL4t:Y, MtIME�.b fh tppo kn5£ t+atn SIREE i, OURN51!LLE, 55357 pN 432 Y I AFFIDAVIT OF TRUSTEE STATE OF MINNESOTA } ss COUNTY OF DAKOTA ) Jennifer R. Kistner, being first duly sworn on oath says that: 1. Affiant is the Trustee named in the Certificate of Trust or Trust Instrument to which this Affidavit is attached. The Certificate of Trust or Trust Instrument was executed by Affiant or another Trustee or the Grantor of the Trust and related to real property in Dakota County, Minnesota, legally described as follows: Lots 9 and 10, Block 1, FARQUAR LAKE ADDITION Check here i,f all or part of the described real property is Registered(Torrens) Ox 2. The name and address of the Trustee empowered by the Trust Instrument to act at the time of the execution of this Affidavit are as follows: Jennifer R. Kistner, 4885 Dominica Way, Apple Valley, MN 55124 3. The Trustee who has executed that certain instrument, relating to the real property described above, between Jennifer R. Kistner, as Trustee, and the City of Apple Valley dated( c�L-�C f 7_, 2014 (a) are empowered by the provisions of the Trust to sell, convey, pledge, mortgage, lease or transfer title to any interest in real property held in trust, and (b) are the requisite number of Trustees required by the provisions of the Trust to execute and deliver such an instrument. 4. The Trust has not been terminated or revoked. 5. There has been no amendment to the Trust which limits the power of the Trustee to execute and deliver the instrument described in paragraph 3. 6. The Trust is not supervised by any Court. Page 2/AFFIDAVIT OF TRUSTEE 7. Affiant does not have actual knowledge of any facts indicating the Trust is invalid. AM nt r nnifer R. stner Signed and sworn to before me on / 014 by Jennifer R. Kistner. r" r i o ary Publi THIS INSTRUMENT WAS DRAFTED BY: KEitY�Af�ilKJosow'aKRE ta DOUGHERTY, MOLENDA, SOLFES I Notary Fubiic nnesota HILLS &BAtTER P.A. �4 My Coimm.Expires 7300 West 147th Street, Suite 600 - �' Jan 3t,2oi5 Apple Valley, MN 55124 (952) 432-3136 RBB: 66-20891 SETTLEMENT AGREEMENT AND RELEASE Petitioner Jennifer Kistner ("Petitioner"), and the City of Apple Valley ("the City"), hereby agree and covenant as follows: 1. The parties to this Settlement Agreement and Release ("this Agreement") wish to avoid the time, expense, inconvenience, and uncertainties of litigation. Accordingly, without any of the parties admitting any liability or admitting the validity of any claim, counterclaim, cause of action, or defense asserted in this action, the parties wish to resolve and settle all disputes, claims, counterclaims, cause of actions, and defenses arising from the events that were the subject matter of the lawsuit described in Paragraph 2 of this Agreement. 2. The parties to this Agreement desire to dismiss with prejudice the lawsuit entitled "Farquar Lake Homeowners Assn., et al. v. City of Apple Valley," Case No. 19-C8-07-6035, in the Dakota County District Court of Minnesota ("the Action"). THEREFORE, in consideration of the foregoing, and the mutual covenants and conditions contained in this Agreement, the parties agree as follows: A. This Agreement is entered into in good faith for the purpose of settling completely those disputes of the parties to this Agreement with regard to the matters involved in the Action. B. The City shall pay Petitioner the sum of $25,000 to purchase a Ponding Easement on Petitioner's property, which is described in Addendum A. Petitioner must provide the City with an executed W-9 form with a social security number or tax-identification number before the City can issue the payment. The City shall make the payment within 10 business days following approval of this Agreement by the City Council or the City's receipt of Petitioner's W-9 form, whichever occurs later. C. Petitioner shall convey a Ponding Easement to the City in exchange for the payment described in Paragraph B. The parties shall execute the Ponding Easement in the form attached as Addendum A. Petitioner shall sign three original Ponding Easement forms (Addendum A). The City will not attempt to record the easement until after making the payment described in Paragraph B. If the county rejects the Ponding Easement for recording, Petitioner will cooperate and sign any documents reasonably necessary to place the Ponding Easement on record. D. Except only for the representations or obligations of the parties under this Agreement, Petitioner and any and all of their beneficiaries, employees, agents, representatives, successors, assignees, transferees, joint ventures, attorneys, and insurers, hereby release and discharge the City, and its past and present officers, directors, partners, elected officials, board members, employees, agents, representatives, affiliates, divisions, successors, stockholders, assignees, transferees, joint ventures, attorneys, insurers, and risk pools (including the League of Minnesota Cities Insurance Trust)from all manner of claims, demands, actions, causes of actions, suits, debts, dues, sums of money, accounts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, they ever had, or now have, or hereafter may have, whether known or unknown, involving the matters at issue in the Action. E. Each party will bear its own costs, expenses, and attorney fees that it has incurred in connection with or arising out of the Action. F. This Agreement shall be binding upon the successors and assigns of the parties, whether by way of merger, consolidation, operation of law, assignment, purchase, or other acquisition. G. All questions with respect to the construction of this Agreement and the rights and liabilities of the parties to this Agreement shall be governed by the laws of the State of Minnesota. H. This Agreement effects the settlement and release of claims and defenses, which are denied and contested by the parties, and nothing contained in this Agreement shall be construed as an admission of liability by either party. I. The parties will dismiss with prejudice the Action upon execution of this Agreement. The Stipulation to Dismiss With Prejudice is attached as Addendum C to this Agreement. The attorneys for the parties shall arrange to file the Stipulation to Dismiss With Prejudice with the Court within two weeks from the execution of this Agreement and approval by the City Council. J. Each party represents and warrants that it has not assigned or transferred, or purported to assign or transfer, any of the claims released pursuant to this Agreement to any other person and that it is fully entitled to compromise and settle such claims. Each party shall indemnify the other against all costs, expenses, and judgments, including all attorney fees incurred, in the event that any third party shall assert any of the claims released pursuant to this Agreement based on a purported assignment or transfer of rights by a party to this Agreement. K. This Agreement and its attachments and addenda represent the entire agreement between the parties with respect to the subject matter of the 2 Agreement and supersedes all prior and contemporaneous oral and written agreements and discussions. Each of the parties covenants that it has not entered into this Agreement as a result of any representation, agreement, inducement, or coercion, except to the extent specifically provided in this Agreement. Each party further covenants that the consideration recited in this Agreement is the only consideration for entering into this Agreement, and that no promises or representations of other or further consideration have been made by any person. This Agreement may be amended only by a written agreement executed by all parties. L. This Agreement is the result of arms-length negotiations among the parties. All parties have participated in the negotiations, have had an equal opportunity to participate in the drafting and revision of this Agreement, and have had the opportunity to review this Agreement with their counsel. No ambiguity shall be construed against any party based upon a claim that the party in question drafted ambiguous language. M. This Agreement may be executed by the parties by facsimile and in identical counterparts, each of which shall constitute an original for all purposes. V4 EREFORE, the parties have executed this Settlement Agreement and Release effective as of the date first written. PETITIONER Dated: IC ' L4 By: nifer Kistder 3 THE CITY OF APPLE VALLEY Dated:_ By: Mary Hamann-Roland Its Mayor Dated: By: Pamela Gackstetter Its City Clerk 4 f.• 0000 4. City of Apple Valley MEMO Public Works Department TO: Mayor,City Council,and City Administrator FROM: David E.Bennett,Asst. City Engineer DATE: November 13,2014 SUBJECT: COOPERATIVE AGREEMENT WITH THE METROPOLITAN COUNCIL FOR REPLACEMENT OF METER M644 Sanitary Sewer Lift Station 3 located on Chaparral Drive near Chaparral Park has reached the end of its useful life and is budgeted for replacement in 2015. Metropolitan Council (MC) Meter M644 is located in Sanitary Sewer Lift Station 3. MC Meter M644 measures wastewater flow from Apple Valley prior to discharge into the MC line. The MC has indicated that Meter M644 is in need of replacement. The new meter is proposed to be located in a separate structure adjacent to the station which will allow meter access and reading without the presence of City Staff. Due to design and construction considerations, staff feels it is more efficient to complete both projects at the same time. This will limit disruption to neighborhood residents and Chaparral Park visitors, while facilitating integration of the meter and lift station design and construction phases of both projects. The cooperative agreement with the MC identifies duties and costs associated with the project. The MC will reimburse the City for project costs associated with the replacement of Meter M644, including design and construction. The City will pay for the cost of the lift station replacement. Recommended Action: Approve Cooperative Agreement with the Metropolitan Council for the replacement of Meter M644 in conjunction with Lift Station 3 Replacement, City Project 2014-129; subject to minor revisions after review by City Attorney. DEB:clg Attachment c: Todd Blomstrom CONSTRUCTION COOPERATION AGREEMENT FOR CONSTRUCTION OF SANITARY SEWER PIPE AND METER VAULT IN APPLE VALLEY,MN THIS AGREEMENT is made and entered into this day of 2014 by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, hereinafter referred to as "Council" and the City of Apple Valley, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the "City". BACKGROUND RECITALS 1. The City plans to reconstruct Sanitary Sewer Lift Station No. 3 located at 133 Chaparral Drive in Apple Valley during the 2015 construction season, which project is hereinafter referred to as the "City Project". 2. The Metropolitan Council plans to replace the existing meter M644 currently located within the City's Lift Station No. 3, which project is hereinafter referred to as the "Council Project"more fully described in Section I of this Agreement. 3. Both Council and City desire that the Council Project be designed and constructed in conjuction with the City Project . 4. The term "Council's authorized representative (CAR)" means the person designated in writing by Council's General Manager of Metropolitan Council Environmental Services (MCES), as Council's authorized representative. 5. Council is not staffed or equipped to construct the Council Project at this time. 6. Therefore, Council desires to have the City perform the necessary construction of the Council Project as part of the City Project. 7. Pursuant to Minnesota Statutes, Section 473.504, subd. 12, Council is authorized to contract with any local government unit for the performance on Council's behalf of any service on such terms as may be agreed upon by the contracting parties. 8. Council and the City agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes, Section 471.59, Council Action No. 2010-324 approved on September 22, 2010, and that said work provisions will be carried out by the parties hereto as provided by this Agreement under the provisions of Minnesota Statutes, Section 471.59. NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: 1 155444v2 AGREEMENT L Purpose of Agreement 1. The purpose of this Agreement is to set forth the terms and conditions and responsibilities of each of the Parties to this Agreement for design and construction of the Council Project. The Council hereby appoints the City as its agent to facilitate the design, obtain bids, enter into a contract for the construction of the work, and observe the work performed on the Council Project for compliance with the Council Project construction documents and the terms and conditions of this Agreement. 2. For purposes of this Agreement the scope of the Council Project is as follows: Metropolitan Council Meter Station M644A is expected to include a new 6-inch magnetic flow meter and meter structure. The meter structure is anticipated to consist of an eight foot diameter precast concrete vault housing the meter and associated piping. MCES will provide a remote telemetry cabinet (RTU) to be installed by the contractor in close proximity to the meter structure. The work will included temporary conveyance components and connections of the new meter assembly to the sanitary sewer forcemain. Council and City facilities will be designed in coordination with the existing site features in an effort to reduce visible impact to public infrastructure and homes. 3. The location of the City Project and the Council Project is shown on Exhibit A attached hereto and made a part hereof. II. Preliminary Design The City will prepare and submit to the Council for review and acceptance, a preliminary design document, including detailed construction estimates and schedules for the Council Project ("Preliminary Design Document"). Council agrees that it will review the Preliminary Design Document in a timely manner and will not unreasonably withhold acceptance of the Preliminary Design Document. Council agrees to pay for cost to prepare the Preliminary Design Document in accordance with Section IX and as outlined in Exhibit B. The City will not finalize construction documents pursuant to Section III until the Council has approved the Preliminary Design Document for the Council Project,the construction estimates and schedules in writing. III. Construction Documents 1. Prior to bid, the City will prepare and submit to the Council and the Council will review and determine acceptability of the final construction documents for the Council Project which includes plans, specifications, and a proposed construction schedule pertaining to the 2 155444v2 Council Project ("Council Project Construction Documents"). The final Council Project Construction Documents shall be in accordance with the Preliminary Design Document reviewed and accepted by the Council. If the Council determines that the Council Project Construction Documents are acceptable to the Council, the City shall include the Council Project Construction Documents in the construction documents for the City Project ("City Project Construction Documents"). Council agrees to pay for the cost to prepare the Council Project Construction Documents in accordance with Section IX and as outlined in Exhibit B. 2. Council will review the Preliminary Design Documents and Council Project Construction Documents within 21 calendar days following receipt, or other reasonable timeframes as determined by the City's authorized representative. 3. Prior to the start of construction, if the proposed construction schedule for the Council Project portion of the City Project differs from the construction schedule in the Council Project Construction Documents, the City shall submit to the Council the schedule proposed by the contractor for the Council Project portion of the City Project for Council review and acceptance. The construction schedule shall be incorporated into and become a part of the Council Project Construction Documents. Throughout the construction of the Council Project, the City shall submit to the Council for review and acceptance any changes to the schedule for the Council Project portion of the City Project. In the event that there is no such written objection provided by Council within seven (7) calendar days the Council's receipt of the proposed revised schedule,the revised schedule shall be deemed to be accepted by Council. 4. . Further, the City Project Construction Documents prepared by the City shall provide that: a. During the construction of the Council Project, there will be no interruption to Council's sewer service without written consent of the Council; and b. During construction of the Council Project, there will be no interruptions to the sanitary sewer transport system that will affect the Council's billing process and procedures without the written consent of the Council, notwhithstanding the work necessary to transfer flow from the old meter to the new meter; and C. There will be no interruption to access by the Council to its existing meter. 5. Upon completion by the City of all reproduction deemed necessary for bidding and construction purposes, the City will provide to Council five (5) copies of said Council Project Construction Documents. IV. Easements and Permits 3 155444Y2 1. City, at its expense, shall acquire all permanent and temporary permits, easements and property interests necessary for the City Project. 2. As of the date of this Agreement, no additional property acquisition is required for construction and installation of the Council Project within the City Project. Council shall be responsible for all land acquisitions outside of the City Project under this agreement necessary to install the Council Project. 3. Council shall be responsible to obtain the MPCA permit for the Council Project. 4. City shall be responsible to obtain all other permits associated with the City Project and for the construction of the Council Project. V. Procedure for Acceptance of Bids 1. Council, in connection with the construction of the Council Project, does hereby appoint the City as its agent to advertise for bids for the work and construction of the Council Project, to receive and open bids, pursuant to said advertisement and enter into a construction contract with a successful bidder for the Council Project, which shall be included with the City Project, at the unit prices specified in the bid of such bidder, and to construct the Council Project in accordance with the Council Project Construction Documents, accepted by the Council in accordance with Section III of this Agreement, which Council Project Construction Documents are a part of the City's construction documents for the City Project on file with the City. 2. The City will advertise for bids for the work and construction of the aforesaid City Project, including the Council Project, receive and open bids pursuant to said advertisement and may, subject to the procedure set forth in this Section V and the City's acceptance of one of the bids submitted, enter into a construction contract with the successful bidder at the unit prices specified in the bid of such bidder, in accordance with applicable law. The bidding documents will require a separate line item(s), percentages, and/or agreed quantities within a line item(s) in the bid for the Council Project showing the items included in Council Project, quantities and prices. Upon opening the bids, the City will provide a written tabulation of the bids to Council together with the City's recommendation for selection of the lowest responsible bidder. In the event that the line item(s) for Council Project in the lowest responsible bid is one-hundred twenty (120) percent or more of the construction cost estimate, in the final Council Project Construction Documents accepted by the Council, excluding contract administration costs, for Council Project as shown on Exhibit B, the City will not award the construction contract for the Council Project portion of the City Project,unless the Council provides written notice to the City stating that the Council agrees to be bound by the unit prices for the Council Project in the bid. Council shall provide such written notice to City within ten (10) calendar days of the bid tabulation and bidder recommendation sent by City to Council. In the event that there is no such written notification provided by Council within ten (10) calendar days, the bids for the Council Project shall be deemed to be accepted by Council. In the event that Council provides such written notice to City that it will not be bound by the bid prices for the Council Project due to the bid for the Council Project being 120% or more of the construction cost estimate for the Council 4 155444v2 Project, this Agreement shall terminate and Council shall compensate the City for the Council Project related costs incurred as of the date of termination, plus the associated administrative fee in accordance with Section IX. If the City decides not to award the City Project, this contract shall terminate and Council shall compensate the City for the Council Project related costs incurred as of the date of the termination in accordance with Section IX. If the City recommends award of the construction contract, but the Council with respect to the Council Project, decides not to proceed with the Council Project prior to the City's award of the construction contract, Council payment to the City shall be limited to design costs associated with the Council Project as outlined by Section IX and in Exhibit B. 3. The construction contract entered into by the City for the City Project will include the Council Project Construction Documents reviewed and accepted by the Council in accordance with Section II of this Agreement, and provide that Council Project shall be constructed according to Council Project Construction Documents. Not less than fourteen (14) calendar days prior to commencement of Council's Project by the City, the City will give written notice to Council of the contractor's intention to commence construction, said notice be directed as follows: Leisa Thompson, General Manager Metropolitan Council Environmental Services 390 North Robert Street St. Paul, MN 55101-1805 5 155444Y2 VL Construction and Contract Administration 1. If the construction contract awarded for the City Project includes the Council Project, the City will administer the aforesaid construction contract and provide construction staking of the work included in the Council Project. The City shall retain an engineering firm to visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the work completed on the Council Project, and to determine in general if the work observed is being performed in accordance with the Council Project Construction Documents. 2. The City will submit to CAR and Council shall review, all shop drawings covering the work for Council's Project. Council will report its review comments in written form to the City Engineer, or a designated representative, within 7 calendar days. The responsibility for reviewing the shop drawings for conformance and compatibility with the general design, relative to the final Council Project Construction Documents accepted by Council for Council's Project will remain with the City. 3, The Council Project may be inspected by Council's authorized representative (CAR), but the Council's authorized representative will not have responsibility for supervision of the work. The City will provide to the Council through its CAR monthly construction reports indicating construction progress, testing results, and bid item pay quantities for the purposes of monthly estimates. Council through its CAR will notify the City immediately of the contractor's failure to comply with the Council Project Construction Documents during the performance of the Council Project work. Council will further inform the City of the specific reasons for non- conformance to the Council Project Construction Documents and what steps, in the opinion of Council, must be taken by the City to make Council's Project conform to the Council Project Construction Documents. The City will take necessary steps to insure that the construction is in accordance with the Council Project Construction Documents and that Council's Project becomes fully operational. 4. CAR shall participate in any substantial completion inspection of the Council Project and provide the City with a punchlist within 7 calendar days of any substantial completion inspection of any items that the Council determines need to be addressed before the Council Project is deemed to be completed. 5. Within 7 calendar days of City's written notice to the Council of completion of the punchlist items for the Council Project, Council will inform the City in writing either that the Council's Project has been constructed and conforms to the Council Project Construction Documents and is fully operational, or that Council's Project has not been constructed in accordance with the Council Project Construction Documents, is not operational, and/or which punchlist items remain to be completed. The final decision on conformance of Council's Project to the Council Project Construction Documents will be made by Council. Evidence of acceptance of Council's Project will be in writing by letter from Council's General Manager Environmental Services. 6 155444v2 VII. Modifications to Construction Documents 1. City will submit any amendments to or material changes in the Council Project Construction Documents to the Council for review and acceptance, which acceptance will not be unreasonably withheld and shall be communicated by notice from Council to City within seven (7) calendar days of receipt of such amendment or change. City agrees that it will not proceed with amendment to or changes in the approved final Council Project Construction Documents of the Council Project until the Council has consented to such change in accordance with its procedures and has approved such change in writing as evidenced by letter to City from the Council General Manager. 2. Through written request, Council may require the City to make changes to or modifications in the scope of the Council Project and the City hereby agrees to have its contractor construct the required modifications or changes, provided,however, that(i)the cost of such changes or modifications shall be borne by the Council and (ii) such changes or modifications shall not increase the cost of or delay completion of the City Project. VIII. Entry Onto Easements 1. The City hereby grants to Council the right to enter onto its property and any easements and right-of-way that it may have obtained for construction of the Council Project for the purpose of Council fulfilling its obligations under this Agreement. 2. Council hereby grants to the City and its contractors and agents the right to enter onto its property and any easements and right-of-way that it may have obtained for the Council Project for the purpose of the City fulfilling its obligations under this Agreement. IX. Cost Participation 1. Council shall reimburse the City for design and construction of the Council Project. An estimated itemization of reimbursement of the design and construction costs is set forth in Exhibit B attached hereto and made a part hereof. 7 155444Y2 2. The parties further agree that the Council Project costs stated above in this Section IX and more specifically shown on Exhibit B to this Agreement are an estimate of the design and construction costs for the work on the Council Project. The unit prices set forth in the City's construction contract and the final quantities as measured by the City Engineer's designated representatives shall govern in computing the total final contract construction cost, including the cost of amendments and change orders as provided in Section VII of this Agreement, for determination of the final Council Project construction and administration costs for reimbursement to the City by Council. 3. All direct payments to the City's contractor for work performed on the Council Project will be made by the City. X. Payment and Record Drawings 1. The City shall, when a construction contract is awarded by the City, prepare a revised Exhibit B, which shall have the final design and construction costs and which shall be in accordance with the bid procedure and bid price as set forth in Section V of this Agreement. The new Exhibit B shall be substituted for the Exhibit B attached to this Agreement without the need for an amendment to this Agreement based on the final actual, reasonable, and verifiable design costs and contract unit prices. The City shall submit a copy to Council. Within twenty(20) days of submission of the revised Exhibit B to Council the Council shall pay to the City the actual, reasonable and verifiable final design costs and 25% of the construction costs all as shown in Exhibit B. 2. During construction the Council shall reimburse the City for the Council Project based upon monthly invoices submitted by the City, which shall include a progress report and payment claim. The Council shall have fourteen(14) calendar days from receipt of such invoice to contest the amount due. Council shall reimburse City within thirty (30) calendar days of receipt of the invoice if it is uncontested or within thirty (30) calendar days of resolution if the invoice is contested. 3. Upon substantial completion of the work, the City shall prepare an updated cost participation breakdown showing actual, reasonable and verifiable construction costs that will be based upon the contract unit prices and the actual units of work performed and submit a copy to Council. The administrative costs to be paid to the City by Council shall be based on this estimated final construction cost. The City shall add to Council's final construction costs, the construction administrative costs, the costs of supplemental agreements, if any, and deduct Council funds previously advanced for the project by Council. Council agrees to pay to the City any amounts due, if more than the amount of the total of the partial payments made by Council pursuant to Section IX of this Agreement. Council shall make such payment within 30 days of receipt of the invoice from the City. 4. In the event the calculations show that Council has advanced funds in greater amount than is due the City, the City shall refund without interest the amount to Council. 8 155444v 5. Payment by Council as provided above in this Section shall be adjusted by any change orders approved by Council as provided in Section VII of this Agreement. 6. Upon completion of the construction of the Council Project by the City and acceptance of the Council Project by Council in accordance with the terms of this Agreement or a decision by Council that the Council Project conforms to the Construction Documents as provided in Section V of this Agreement, the City shall provide to Council (i) both reproducible hard copy and electronic file record drawings of the Council Project and(ii) deliver copies of and assign to Council any warranties of labor or materials for the Council Project. XI. Ownership/Maintenance I Upon completion of the construction of the Council Project and acceptance of the Council Project by Council pursuant to this Agreement, the Council Project shall become property of the Council and all associated warranties and guarantees provided by the construction contractors and subcontractors associated with the Council Project shall become the property of Council. 2. Upon Council becoming the owner of the Council Project, Council will be responsible for operation and maintenance of the Council Project including the connection structure. The City will own and be responsible for the City force main, up to and including the valve. The Council shall grant the City periodic access to the Council connection structure for operational purposes. 3. If Council chooses not to have the City include the Council Project in the construction contract for the City Project, the Council shall own the Preliminary Design Document and Council Project Construction Documents upon making full payment to the City for the design work that is performed as of the date of termination of this Agreement. XII. Liability 1. Each parry agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The City's and Council's liability is governed by the provisions of Minnesota Statutes, Chapter 466. 2. The City and Council each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes, Chapter 466. 3. The City further agrees that any construction contract let by the City for the performance of Council's Council Project as provided herein shall include clauses that will: 1) 9 155444v2 Require the Contractor to defend, indemnify, and save harmless Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to provide and maintain insurance as provided on Exhibit C naming Council as additional insured; and 3) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. XIII. General Provisions 1. All records kept by the City and Council with respect to the Council Project shall be subject to examination by the representatives of each parry hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City and Council pursuant to this Agreement shall be governed by Minnesota Statutes, Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 2. Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, the City agrees to comply with all federal, state and local applicable laws and ordinances applicable to and binding upon the City relating to nondiscrimination, affirmative - action, public purchases, contracting, employment, including workers' compensation and surety deposits required for construction contracts. The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to.civil rights and discrimination and the Affirmative Action Policy statement of the City shall be considered a part of this Agreement as though fully set forth herein. 3. Any and all employees of each of the respective parties hereto, and all other persons engaged by each respective party in the performance of any work or services required or provided herein to be performed by the respective party shall not be considered employees of any of the other parties hereto, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission of the part of said employees while so engaged , on any work or services provided to be rendered herein, shall in no way be the obligation or responsibility of other respective party hereto. 4. With respect to the City Project including the Council Project, if hazardous wastes, pollutants or contaminants as those terms are defined under any federal, State of Minnesota or local statute, ordinance, code or regulation exist on the project site and to the extent that any such environmental conditions are found that will require any response or remedial action, monitoring or reporting requirements under any local, State of Minnesota or federal law, the City shall utilize its best efforts to secure compliance of such response, remedial action, monitoring and reporting requirements and shall apply for and shall have the Council named as beneficiary in any and all no association letters, no action/no further action letters and other 10 155444y2 environmental regulatory assurances required for or applicable to the site. The City will provide to the Council copies of Phase I and Phase II environmental investigations, the approved Response Action Plan, and the environmental assurance letters naming the Council as beneficiary. Nothing in this paragraph shall be deemed to require that the City accept responsibility for any environmental conditions that would not be the City's responsibility under applicable law. The provisions of this paragraph shall survive the termination of this Agreement. 5. In order to coordinate the services of the City with the activities of Council so as to accomplish the purposes of this Agreement, the Public Works Director, or a designated representative, shall manage this Agreement on behalf of the City and serve as liaison between the City and Council. 6. In order to coordinate the services of Council with the activities of the City so as to accomplish the purposes of this Agreement, the Council shall designate an individual(s) to manage this Agreement on behalf of Council and serve as liaison between Council and the City. 7. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 8. The Background Recitals are incorporated herein and are hereby made a part of this Agreement. 9. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said parry of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other parry. 10. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties hereto. 11. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. This Agreement is not intended to for the benefit of any third-party. 12. This Agreement is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. 13. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be II 155444y2 sent (i) certified mail, (ii) by e-mail, provided that the recipient of such notice acknowledges receipt by e-mail or otherwise in writing, or (iii) delivered in person to the other parry addressed to the following Authorized Representatives: General Manager Metropolitan Council Environmental Services 390 Robert Street North St. Paul, MN 55101-1805 Public Works Director City of Apple Valley 7100 147th Street West Apple Valley, MN 55124 [The remainder of this page is intentionally blank.] 12 155444, IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written METROPOLITAN COUNCIL, A public corporation and political subdivision of the State of Minnesota Approved as to form: By: Office of General Counsel Its: Patrick P. Born, Regional Administrator Date: Date: CITY OF APPLE VALLEY A municipal corporation of the Approved as to form: State of Minnesota City Attorney By: Its: Mary Hamann-Roland, Mayor Date: Date: and Pamela J. Gackstetter, City Clerk Date: RECOMMENDED FOR APPROVAL: By: Public Works Director Date: 13 155444v LIST OF EXHIBITS Exhibit A- Project Limits Exhibit B - Cost Estimates Exhibit C - Contractor Insurance Certificate (to be included when construction contract is awarded) Exhibit A Project Limits Proposed M644A Location 4�i s m Yy x �naParral Or ` c w Legend �� B AV LS3 Wetwell = AV LS 3 Prefabricated Building MCES Meter Station M644A Sanitary Pipe g Pipe Type Forcemain s Gravity cib Pmt/41 MCES Meter Station M644A: Location Map N Figure 35 PST.PA ISCENTER DR. PnOI Dale:11/4/2014 ST.PAUL,MN 55110 PHONE:88)%90-2000 0 25 50 Feet Apple Valley Sanitary Sewer Lift Station No.3 PAX 8N)3 08-8186 Prolecuon� TF:(800)�3nc.�m6 I � I SEH 133 Chaparral Drive,Apple Valley, MN 55124 aseM�+.+ •ee asene.m...o�a.eemo�nvee erwww•.n,nmmen+m mxs•naree no..m�wa•oe,ase•i.nmw•mao.ee.reuwero.rewre.a.r.me.«exr.sex emaeer w...mnnrro cnai.onK imo�.reem sr�•icrsr on.e:enuoren�•n.mw.reenar+e..eesex m...ei�eo,reamm.rin.cis wi.n.m.•<n m,.a.n•m•a,u.ex�ao,e..man.m�mrea re.wma emeo.y re..•.reiremma.mare o.are.emo.rv•d.o.i.in.e.o.me era.ey�.on<re.me...ne.a.�erm•mar mvmnaoa:.nnaex waemrea Exhibit B Cost Estimates EXHIBIT B Meter M644A Cost Summary Preliminary Design $20,530.00 Final Design Cost $30,997.00 MENOWNER, Geotechnical Services (Construction Phase) $2,500.00 Exhibit C Contractor Insurance Certificate S Building a Better-World for All of Us' August 21,2014 RE: MCES Meter Station M644A City of Apple Valley,MN SEH No.APPLE 129472 David Bennett,P.E. Assistant City Engineer City of Apple Valley 7100 147th Street West Apple Valley,MN 55124 Dear Mr.Bennett: Short Elliott Hendrickson,Inc.(SEH` )appreciates the opportunity to submit this proposal to the City of Apple Valley for engineering services for design and construction services for Metropolitan Council Environmental Services(MCES)Meter Station M644A in conjunction with the City of Apple Valley Project 2014-129 for Lift Station No.3. We understand that the work completed with this project will be invoiced through the city and reimbursed by MCES under a cooperative agreement between the City of Apple Valley and MCES. Tile purpose of this work scope is to identify the tasks needed to produce construction documents and provide construction engineering for MCES Meter Station M644A. Scope of Services The following scope of services outlines the necessary tasks associated with design and construction. Preliminary Design SEH will further evaluate meter station locations in coordination with Apple Valley Lift Station No.3. We will provide an alternative analysis with cost estimate for two meter station locations.One soil boring will be drilled by Element Testing Technologies and geotechnical conditions will be reviewed. The MCES M644A preliminary design document(Dated June 26,2014)will be updated to include all analysis and investigation performed. SEH will present this design document to MCES and the City of Apple Valley in a coordination meeting. Final Design SEH will utilize the results of Preliminary Design to prepare construction documents(to be placed within Apple Valley Lift Station No.3 Construction Documents), Based upon decisions jointly reached with the City and MCES, SEH will prepare final design criteria,preliminary and final drawings and preliminary and final specifications. Scope Items are identified below: 1. Prepare the construction drawings necessary for construction of a new Meter Station M644A. Drawings will include civil plans and detail sheets. 2. Design elements will include: a) Construction of 8' diameter precast concrete vault to house metering equipment, electrical conduit and forcemain piping. b) Coordination with MCES's standard Rernote Telemetry Unit including power and metering wiring. c) Buried piping and connections to the Apple Valley forcemain(new and existing). 3. Incorporate MCES technical specifications into the City's project manual as an Appendix. a) Bid items will be developed to separate MCES construction items from Apple Valley items. 4. Prepare an Engineer's Opinion of Probable Construction Cost based on the completed contract documents. Engineers ; Architects I Planners I Scientists Short Elliott liendrickson Inc..3535 Vadnais Center Drive,St.Paul.MN 55110-5196 SEH is 100%employee-owned 1 sehinc.com 1 651.490.2000 1 800.325.2055 j 888.908.8166 fax David Bennett,P.E. August 21,2014 Page 2 5. Bidding Services a) Respond to Bidders requests for interpretations or additional information. Issue addenda if necessary to clarify contract documents. b) Attend Bid Opening, review bids, prepare a bid tabulation, and prepare a "Recommendation to Award"presentation for the City Council. Construction Phase Services SEH will provide the following for construction services: 1. Assist with the preconstruction conference and project progress meetings. 2. Construction Observation is included in the scope of services with 80 hours of on-site inspection included. 3. Be available to address adjacent property owner concerns. Provide written documentation of site visits to the City.Full-time,Resident Project Representative Services(RPR)by SEH is included. 4. Review shop drawings and other submittals for conformance with the contract documents. 5. Review contractor's Application for Payment and certify amounts recommended for payment to the Contractor. 6. Evaluate change order proposals and make recommendations to the City. 7. Perform a substantial completion inspection.Prepare punch lists.Recommend acceptance by the City. Project Cost The total engineering cost estimate for design and construction administration for the project is$76,150. A breakdown by task for SEH services on this project is as follows: Preliminary Design-$15,557 Final Design—$35,971 Construction Engineering-$16,972 Construction Inspection(RPR)-$7,650 We will invoice this project for our efforts up to a not to exceed amount without your written approval.Project invoices will be prepared monthly.Our services will be in accordance with SEH's existing engineering services agreement with the City of Apple Valley. This letter agreement represents the entire understanding between you and us for these proposed services. If you are in agreement with the terms of this letter,please execute the agreement with the proper signatures and return one copy to our office.If you have any questions relating to this project,please call me at 651.280.0679.We look forward to continue working for the City of Apple Valley. Sincerely, �G Michael H.Ostendorf,P.E. Project Manager City of Apple Valley Accepted this day of ,2014 By: Title: MCES Meter Station M644A Design and Construction ���"`..AIA►. ii! APPLE 129472 PM Senior Specialist Admin Geotech Electrical Civil Tech Project Engineer Hours Labor Fee Direct Reimbursable Expenses Task Task Totals Exp's Assi nee: Ostendort LutchlVan Note McJames Theroux Honer Heinrich Peterson Hours I Labor Fee Comp. Travel Repro Suboonsultant T1Pro ect Start-up&Information Gathering-40 hours $ 120 $ 400 $ $ $ $ 4,973 Project Management t2 8 20 $ 2,175 $ 60 250 $ - $ - $ 185 $ 2,360 Kick-off meeting 2 2 4 10 $ 1,349 $ 30 75 $ - $ $ 68 $ 1,417 .Data&DocumentCollection 2 4 6 $ 623 $ 18 - $ $ - $ 18 $ 641 Neighborhood Meeting 4 4 $ 505 $ 12 i:5 $ $ - $ 50 $ 555 T2 Preliminary Engineering and Design.60 hours S 180 $ $ $ $ 7,500 $ 15,557 Alternative Analysis 2 2 2 4 10 $ 1,239 $ 30 $ $ - $ 30 $ 1,269 Cost Estimate 2 6 8 $ 808 $ 24 - $ $ $ 24. $ 832 Geotechnical 2 28 4 34 $ 4,517 $ 102 - $. $ 5,0001$ 5,102 $ 9,619 Civil/Structural 2 2 $ 253 $ 6 - $ - $ $ 6 $ 259 Update Design Report 2 2 4 $ 438 $ 12 - $ $ - $ 12 $ 450 Permiting 2 2 $ 185 $ 6 $ $ - $ 6 $ 191 Surveying 2 2 - $ 438 $ - - $ $ 2,500 $ 2,500 $ 2,938 T3 Final Documents-261 hours $ 783 $ $ 610 $ $ $ 30,046 Alignment - 12 12 $ 1,197 $ 36 1 $ $ - $ 36 $ 1,233 Design 6 2 8 $ 1,144 $ 24 $ - $ $ 24. $ 1,168 Plan Development 20 10 10 4 80 50 174 $ 19,229 $ 522 $ - $ 522 $ 19,751 Specs/Contract Documents 10 4 8 4 1 40 67 $ 7,632 $ 201 610 $ - $ E$ 262 $ 7,894 T4 Stdding Assistance-8hours $ 24 $ 75 $ $ $ $ 951 Pre-Bid Conf,Minutes,Adenda 4 2 2 8 $ 890 $ 24 75 $ - $ $ 951 T5 Construction Phase Services-236hours $ 708 $ 400 $ $ $ $ 24,622 RPR-Underground 80 80 $ 7,410 $ 240 $ $ - $ 7,650 _Construction Staking $ $ - - $ - $ $ _ Weekly Inspection - $ $ - - $ - $ - $ $ - Shop Drawings&Change Order Review 16 45 61 $ 6,188 $ 183 50 - $ - $ - $ 208 j$ 6,396 Progress Meetings 14 4 45 63 $ 6,768 $ 189 350 - $ - $ - $ 364 $ 7,132 Review of Progress Payments 4 4 $ 505 $ 12 - - $ - $ $ 12 $ 517 Record Drawings 4 16 8 28 $ 2,842 $ 84 - - $ - $ 84 $ 2,926 Hours: 104 22 8 52 12 113 1 298 605_$___6_6,_336j$ 1,815 $ 875 $ 610 $ - $ 7,500 $ 9,814 $ 76,150`: MCES Meter M644A-Conceptual Construction Estimate Extended No. Item Units Quantity Unit Price Amount 1 Mobilization LS 1 $ 10,600.00 $ 10,600.00 2 Traffic Control LS 1 $ 3,600.00 $ 3,600.00 3 Sanitary Sewer Temporary Conveyance LS 1 $ 3,700.00 $ 3,700.00 4 Meter Vault LS 1 $162,000.00 $162,000.00 5 6-Inch Forcemain LF 32 $1,200.00 $38,400.00 6 Allowance for Electrical Service LS 1 $3,000.00 $ 3,000.00 7 Miscellaneous Electrical LS 1 $10,000.00 $ 10,000.00 Subtotal $231,300.00 Contingency(25%) $57,800.00 Total $289,100.00 0 S:\AE\A\Apple\129007\5-final-dsgn\53-dsgn-info\Final\Cost Estimate\Cost Estimate for MCES Meter Vault\M644A Meter Station Cost Estimate.xlsx City of Apple Valley MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Carol Blommel Johnson, Public Works Superintendent-Utilities DATE: November 13, 2014 SUBJECT: CONTRACT FOR CITY PROJECT 2015-107, 2015 & 2016 WATER METER READING SERVICES The City of Apple Valley has contracted for water meter reading services since 1992. The current contract for meter reading is scheduled to expire on December 31, 2014. Staff recently solicited quotes from four contractors to perform meter reading services for a two-year contract. A summary of the submitted quotes is provided below. The 2015 unit price is per meter based on approximately 14,000 meter reads per quarter with a portion of these read each month. The 2016 unit price is per meter based on approximately 10,000 meter reads per quarter with a portion of these read each month. The number of meter reads per quarter is reduced in 2016 due to the proposed meter replacement program. Company Name 2015 Quote 2016 Quote RMR Services, LLC $ 0.385/meter $ 0.45/meter STDEA Readers, Inc. $ 0.43/meter $ 0.50/meter TKDA $ 0.613/meter $ 0.631/meter SL-Serco No quote received No quote received RMR Services, LLC submitted the low quote for 2015 and 2016 meter reading services. RMR Services, LLC has previously provided services for the City. Their quote reflects a slight increase from the current meter reading services contract. The estimated annual cost for 2015 and 2016 is $21,560 and $18,000 respectively. Funding for meter reading services is included in the Public Works Utilities Division 2015 proposed operating budget. Contract documents for Project 2015- 107 are available for review in the Public Works Department office. Recommended Action: Approve Contract with RMR Services, LLC, for City Project 2015-107, 2015 &2016 Water Meter Reading Services in the Amount of$0.385 and $0.45 per Meter Respectively. CBJ:cg c: Todd Blomstrom,Public Works Director ...• Project Name:2015-2016 Meter Reading City Project No.:2015-107 Apple alley Bidder No.1 Bidder No.2 Bidder No.3 BID TABULATION STDEA Readers,Inc. RMR Services,LLC Toltz,King,Duvall,Anderson, Associates,Inc.(TKDA) Item Number Quarterly Quarterly Item Units Est Qty Unit Price Total Unit Price Total Unit Price Quarterly Total Meter reading commencing January Each 1 1,2015 Meter 14,000 $0.43 $6,020.00 0.385 $5,390.00 0.613 $8,582.00 Meter reading commencing January Each 2 1,2016 Meter 10,000 $0.50 $5,000.00 $0.45 $4,500.00 0.631 $6,310.00 Bid Tab 2015-2016.xis BT-1 too 0000 1k� 000 ITEM: 4. ! • Z City of Apple COUNCIL MEETING DATE: November 10, 2014 Valley SECTION: Consent Agenda ITEM DESCRIPTION: Agreement with Retail Information Technology Enterprises (RITE) for Liquor Store Point of Sale System Project in the Amount of$44,435.13. I .._...................,.................................................._........._................................_......_........................._............_................__.....__._......._....................................._._........._......_..._........................................_........................................................._................................ ...._................._..:............................ STAFF CONTACT: DEPARTMENT/DIVISION: Scott F. Swanson, Liquor Operations Director Liquor Operations Action Requested Approve agreement with Retail Information Technology Enterprises (RITE) for Liquor Store Point of Sale System Project in the Amount of$44,435.13 and authorize the Mayor and City Clerk to sign contract documents. The City Attorney's office is currently reviewing the agreement and may have some minor revisions to suggest prior to the Council meeting. Summary The Liquor Operations enterprise depends on a Point of Sale (POS) system to help manage the financial transactions inherent in operating liquor stores. Due to customer data security concerns, new credit card processing requirements will take effect in 2015, requiring the City to upgrade its POS system to comply. Background The POS system needs to provide all back-of-store operations, process the consumer quickly through the checkout process, and safeguard any private information the customer provides. In response to many well-publicized customer data breaches, the Payment Card Industry (PCI) has proposed new guidelines to protect card holder data. October 2015 is the deadline for merchants to be ready for EMV (Europay, MasterCard and Visa), a global standard for the integration of circuit cards or chip cards (often referred to as Chip&Pin cards). Liquor Operations purchased the current POS system in 2005. The POS software vendor has since been sold and no longer supports the POS software to meet our current demands. Liquor Operations has three goals for a new POS system. • Improve our PCI rating and payment card security. • Install the required hardware and software in preparation for the October EMV deadline. • Improve operational efficiencies. Earlier this year, staff reviewed different POS systems in municipal liquor operations, identified desirable features not offered in the current system, and viewed demonstrations of five different POS solutions from five different vendors. The selection of a new POS system also required staff to complete an analysis of payment card processing strategies and fees. Of the three top firms considered (Retail Information Technology Enterprises (RITE), Total Register Systems (TRS) and Dailey Data), staff believes that the POS solution proposed by RITE is the preferred option for our liquor operations. RITE proposed Microsoft Dynamics Retail Management System (RMS) software, which has a proven track record and has been used successfully for many years by Brooklyn Center Liquor. Central Park Liquor and Liquor Hutch are more recent adopters of this software, and both have expressed great satisfaction with RITE's customer service and support. RITE also integrates a PAX card payment terminal that will greatly improve our payment card security. This combination of RMS and PAX provides the most economical payment card processing costs. RITE's base system solution was the first choice of all store managers and our IT department. As such, staff recommends that the attached agreement be approved to begin the implementation process. As PCI compliance is the main reason for this project, the City contracted with QBS, who led the City through a PCI Data Security Standards process two years ago, and with a Qualified Security Assessor (QSA) to review and vet the proposed RITE solution. The City desired this review, in part, because the proposed RMS software had not previously been implemented with the PAX card payment terminal. Both reviews were positive. Ensuring payment card security has been challenging because the payment card industry continues developing and changing its Chip & Pin standards in response to new breaches. The PAX terminal was one of three payment solutions reviewed. It has a $10,000 upfront development cost (included in the $44,435.13 total contract cost), but its significantly lower yearly operational cost will allow us to recoup the development costs in approximately 13 months. As this is a system of components, there will be development and system integration testing into early 2015. The current schedule calls for installation of the POS system in the first quarter of 2015. Budget Impact Adequate funds to support this purchase are included in the approved 2014 Liquor Operations budget. Due to the implementation schedule for the new system, some 2014 funds will likely need to be carried over into 2015. On-going costs related to the new POS system (service, maintenance, licensing and security testing)will commence in 2015 under separate agreements. CITY OF APPLE VALLEY, MINNESOTA AGREEMENT FOR POINT OF SALE(POS) SYSTEM THIS AGREEMENT, made this 13th day of November, 2014, by and between the City of Apple Valley, hereinafter called "City", and Retail Information Technology Enterprises (RITE), hereinafter called "Contractor"; WITNESSETH, that the City and the Contractor, for the consideration hereinafter stated, agree as follows: 1. SERVICES TO BE PERFORMED The Contractor hereby covenants and agrees to perform and execute all the provisions of the specifications prepared by the City dated June 9, 2014 and which is made a part of this Agreement by reference, for furnishing o£ POINT OF SALE(POS) SYSTEM and to do everything required by this Agreement. In addition, this Contractor hereby covenants and agrees to perform and execute all the provisions of the Commercial Software Modification Project Proposal dated November 7, 2014 which is attached to this agreement. 2. COMPLETION DATE The Contractor agrees that the work contemplated by this Agreement shall be fully and satisfactorily completed on or before March 30, 2015. This completion date supersedes the dates identified in the City's Liquor RFP for POS System and the Contractor's proposal. 3. CHANGE ORDERS Any changes to the work specified by this Agreement shall be made in writing and signed by both parties. Only the Liquor Operations Director will have the authority to initiate any change orders which must be submitted to the City Council for approval. No payment will be made for any claim for additional charges not processed in this manner. 4. PAYMENT These payment terms supersede Sections 5.1 through 5.3 of the General Conditions and Page 7 of the Commercial Software Modification Project Proposal dated November 7,2014. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid as set forth in the copy of the accepted Proposal Form hereto attached, the aggregate amount of which is $44,435.13. Once the insurance provisions in Section 6 are satisfied, payment for the Commercial Software Modification Project as outlined in Contractor's Invoice #9207 dated October 9, 2014 will be made. City of Apple Valley,Minnesota Agreement for Point of Sale(POS)System 1 Upon completion, delivery and installation of the POS System by the Contractor, and acceptance by the City, Contractor shall submit an invoice for the lump sum of the remaining aggregate amount. Invoices deemed valid by the City will be paid within thirty (30) days of receipt. 5. CONTRACTOR'S OBLIGATIONS TO SUBCONTRACTORS The Contractor shall pay any subcontractor within ten days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one-half(1-1/2%) percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time pursuant to this provision to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one hundred ($100.00) dollars or more shall be ten ($10.00) dollars. For an unpaid balance of less than one hundred ($100.00) dollars, the Contractor shall pay the actual penalty due under this provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorneys' fees, incurred in bringing this action. 6. INSURANCE Contractor shall not commence work under this Agreement until it has obtained all insurance required under this section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the City. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to the City of the intent to cancel. Minimum requirements: A. Worker's compensation insurance and employer's liability insurance as required by law. B. Contractor's comprehensive general and automobile liability insurance, including coverage for non-owned and hired vehicles, in limits as follows: General Liability - Bodily Injury - $1,000,000 each occurrence - $1,000,000 completed operations Property Damage - $100,000 OR Combined Single Limit - $1,000,000 each occurrence - $2,000,000 aggregate Automobile Liability-Bodily Injury - $250,000 each person - $500,000 each occurrence Property Damage - $100,000 each occurrence - $200,000 aggregate OR Combined Single Limit - $1,000,000 C. The City of Apple Valley shall be listed as an additional insured on the above policies. City of Apple Valley,Minnesota Agreement for Point of Sale(POS)System 2 In addition to all listed coverages, Contractor shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of$1,200,000. 7. INDEMNIFICATION The Contractor shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the Contractor, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. 8. CONTRACT DOCUMENTS The contract documents shall include the following documents, as if fully set forth herein, and the Contractor acknowledges familiarity with said documents: A. Agreement Form B. General Conditions C. Specifications dated June 9, 2014 D. Apple Valley Liquor RFP for POS System E. Certificate of Insurance F. Contractor's Proposal Transmitted June 25,2014 G. Commercial Software Modification Project Proposal dated November 7, 2014 H. Contractor's Quote#3368 dated 7/28/2014 L Contractor's Quote#3405 dated 10/16/2014 J. Contractor's Invoice#9207 dated 10/9/2014 9. WHOLE AGREEMENT This Agreement embodies the entire agreement between the parties including all prior understanding and agreements and may not be modified except in writing signed by all the parties. EXECUTED as of the day and year written below. CITY OF APPLE VALLEY Date By Mary Hamann-Roland, Mayor Date And Pamela J. Gackstetter, City Clerk City of Apple Valley,Minnesota Agreement for Point of Sale(POS)System 3 CONTRACTOR D/B/A Date By Date And STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) On this day of before me personally appeared and , to me known who, being by me duly sworn, did say that they are respectively the and of , that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said officers acknowledged the instrument to be the free act and deed of said corporation. (Notarial Seal) Notary Public City of Apple Valley,Minnesota Agreement for Point of Sale(POS)System 4 Quote v Quote#: 3368 Account#: 0010823 Page: 1 of 1 1001 2nd St S, STE 100 Date: 7/28/2014 Sartell, Minnesota 56377-2024 Time: 12:25:37 PM 320-230-2282 Sales Rep: Dawna Schoborg 320-230-1796 Bill To: Scott Swanson Ship To: Scott Swanson City of Apple Valley City of Apple Valley Apple Valley Municipal Liquor Apple Valley Municipal Liquor 7525 - 148th St W 7525 - 148th St W Apple Valley, MN 55124 Apple Valley, MN 55124 952-953-2560 952-953-2560 Repm,iookup,Code Descrip iqn: Quantity; Price Extended GaryS PQR2-QH2O-1-2 Microsoft RMS HQ (Base) 1 $3,000.00 $3,000.00 GaryS PQR2-QH2O-3-UP Microsoft RMS HQ (Per Store) 1 $500.00 $500.00 GaryS RMS6-20 Microsoft RMS 6-20 lanes 10 $1,090.00 $10,900.00 GaryS soft-custom-LiquorSuit RITE Beer/Wine/Liquor Package 3 $495.00 $1,485.00 GaryS soft-custom-ecsl RITE Express Customer Setup 1 3 $195.00 $585.00 GaryS soft-custom-pct RITE Profit Checker- Lane 1 3 $345.00 $1,035.00 GaryS install Installation & Configuration 1 $6,450.00 $6,450.00 1 day onsite implementation and training RITE appreciates your business! Sub Total $23,955.00 Sales Tax $1,646.91 Invoices subject to RITE billing terms found at; Total $25,601.91 Lhttp://www.rite.us/biIIingterms.htm 1 111111 III11 IIIA 11111 1111 1111 3368 kQuote Quote#: 3405 Account#: 0010823 Page: 1 of 1 1001 2nd St S, STE 100 Date: 10/16/2014 Sartell, Minnesota 56377-2024 Time: 10:02:38 AM 320-230-2282 Sales Rep: Dawna Schoborg 320-230-1796 Bill To: Scott Swanson Ship To: Scott Swanson City of Apple Valley City of Apple Valley Apple Valley Municipal Liquor Apple Valley Municipal Liquor 7525 - 148th St W 7525 - 148th St W Apple Valley, MN 55124 Apple Valley, MN 55124 952-953-2560 952-953-2560 Rep' , "'Item'Looku Description Quantity Pnce Extended GaryS P-30 PIN PAD Pax 30 Terminal/PIN Pad 10 $599.00 $5,990.00 GaryS MER-FEE-PSE Processor Encryption - Elavon 10 $15.00 $150.00 GaryS P-30 Counter Mount P-30 Counter Mount 10 $100.00 $1,000.00 GaryS support Support (hourly) 3 $125.00 $375.00 Hardware installation GaryS support Support (hourly) 6 $125.00 $750.00 Credit card software installation. a ^` Mt "tN Sub Total $8,265.00 6.875 Tax $568.22 Total $8,833.22 Approved by(signature) RITE appreciates your business! Invoices subject to RITE billing terms found at; http://www.rite.us/billingterms.htm Printed Name Date: Invoice Transaction #: 9207 Account#: 0010823 Page: 1 of 1 1001 2nd St S, STE 100 Date: 10/9/2014 Sartell, Minnesota 56377-2024 Time: 9:43:46 AM 320-230-2282 Sales Rep: Dawna Schoborg 320-230-1796 Bill To: Scott Swanson Ship To: Scott Swanson City of Apple Valley City of Apple Valley Apple Valley Municipal Liquor Apple Valley Municipal Liquor 7525 - 148th St W 7525 - 148th St W Apple Valley, MN 55124 Apple Valley, MN 55124 952-953-2560 952-953-2560 Reference: CC Integration Comment: CC Integration Re Item mL Code fsiit� Qurtify Price extended dev Soft Dev/Consulting 1 $10,000.00 $10,000.00 RITE appreciates your business! Sub Total $10,000.00 6.875 Tax $0.00 Invoices subject to RITE billing terms found at; Total $10,000.00 http://www.rite.us/billingterms.htm This Invoice Totals $10,000.00 Prev Account Balance $0.00 AMOUNT DUE NOW $10,000.00 9207 Point of Sale(POS)System for Apple Valley Liquor Request For Proposal GENERAL CONDITIONS CITY OF APPLE VALLEY,MINNESOTA INDEX PAGE SECTION 1 - LIQUOR OPERATIONS DIRECTOR-OWNER- CONTRACTOR RELATIONS GC-1 SECTION 2 - AVAILABILITY OF FACILITIES;PHYSICAL CONDITIONS; REFERENCE POINTS GC-3 SECTION 3 - MATERIALS,EQUIPMENT&WORKMANSHIP GC4 SECTION 4 - INSURANCE,LEGAL RESPONSIBILITY,PUBLIC SAFETY&MISCELLANEOUS GC-7 SECTION 5 - MEASUREMENT&PAYMENT GC-9 SECTION 6 - CHANGES IN THE WORK GC-13 SECTION 7 - CHANGE OF CONTRACTOR'S COMPENSATION GC-14 SECTION 8 - SUSPENSION OF WORK&TERMINATION GC-15 SECTION 9 - GENERAL GC-17 Point of Sale(POS)System for Apple Valley Liquor Request For Proposal SECTION 1 LIQUOR OPERATIONS DIRECTOR-OWNER-CONTRACTOR RELATIONS 1.1 DEFINITIONS AND DESIGNATION OF PARTIES Owner: The City of Apple Valley,Minnesota,acting through the City Council. City: The City of Apple Valley,Minnesota,Owner and party to the contract. Liquor Operations Dir.: The Liquor operations Director for the City of Apple Valley. Contractor: The bidder making a contract with the Owner to undertake work under these Contract Documents. Work: Execution of duties and tasks, furnishing of labor, materials and miscellaneous associated items; and constructing and installing improvements and equipment— all as described in the Contract Documents. Proj ect: The sum of all of the work necessary to complete the Contract. Contract Time: The intermediate and final completion dates as established in the Special Provisions. Contract Documents: The Contract Documents shall include the following documents: A. Agreement Form B. General Conditions C. Specifications dated June 9,2014 D. Apple Valley Liquor RFP for POS System E. Certificate of Insurance 1.2 ASSIGNMENT OF CONTRACT The Contractor shall neither sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof,or of its right,title or interest therein,or its obligations thereunder,nor,if this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written consent is given,the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall perform, with its own organization, Work amounting to not less than 50 percent of the total original contract cost. No subcontracts or transfer of contract or corporate stock shall release the Contractor of its liability under the Contract or Bonds. 1.3 SEPARATE CONTRACTS The Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting its Work and to report to the Liquor Operations Director any irregularities which will not permit it to complete its work in a satisfactory manner. Contractor's failure to notify the Liquor Operations Director of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive its Work. The Contractor shall not be responsible for defects of which it could not have known,which develop in the work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Liquor Operations Director immediately any difference between completed work by others and the Drawings. GC-1 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal 1.4 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner or Liquor Operations Director and any subcontractor,and no subcontractor shall have any rights under this Contract with the Owner. The Contractor's award of subcontracts shall be subject to the following: 1.4.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of any subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment),whether initially or as a substitute against whom Owner or Liquor Operations Director may have reasonable objection. A subcontractor or other person or organization identified in writing to Owner and Liquor Operations Director by Contractor prior to the Notice of Award and not objected to in writing by Owner or Liquor Operations Director prior to the Notice of Award will be deemed acceptable to Owner and Liquor Operations Director. Acceptance of any subcontractor, other person or organization by Owner or Liquor Operations Director shall not constitute a waiver of any right of Owner or Liquor Operations Director to reject defective Work. If Owner or Liquor Operations Director after due investigation has reasonable objection to any subcontractor, other person or organization proposed by Contractor after the Notice of Award,Contractor shall submit another acceptable subcontractor at no change in the Contract Price. Contractor shall not be required to employ any subcontractor,other person or organization against whom Contractor has reasonable objection. 1.4.2 Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner or Liquor Operations Director and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner or Liquor operations Director to pay or to see to the payment of any moneys due any subcontractor or other person or organization, except as may otherwise be required by law. Owner or Liquor Operations Director may furnish to any subcontractor or other person or organization,to the extent practicable,evidence of amounts paid to Contractor on account of specific Work done. 1.4.3 All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Liquor Operations Director and contains waiver provisions as required by Paragraph 4.1. 1.5 ORAL CONTRACTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents,and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 1.6 NONDISCRIMINATION IN EMPLOYMENT For Work under this Contract the Contractor must agree: A. That in the hiring of common or skilled labor for the performance of any Work under this Contract or any subcontract hereunder,no contractor,material supplier or vendor shall,by reason of race, creed, color or national origin,discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; GC-2 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal B. That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons,or on being hired,prevent or conspire to prevent any person or persons from the performance of the Work under this Contract on account of race,creed,color or national origin. C. Violation of this section shall be cause for cancellation or termination of this Contract. 1.7 DECISIONS ON DISAGREEMENTS 1.7.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract documents shall be referred initially to the Liquor Operations Director for decision which he will render in writing within a reasonable time. 1.7.2 Any claim dispute, disagreement or other matter that has been referred to the Liquor Operations Director, except any which has been waived by the making or acceptance of the final payment, shall be subject to the Dispute Resolution provisions under Paragraph 1.8 below. 1.8 DISPUTE RESOLUTIONNENUE CLAIMS 1.8.1 All claims,disputes and matters in questions arising out of,or relating to,this Contract or the breach thereof,except for claims which have been waived by the Contractor,by the making or acceptance of final payment, shall be brought in the Dakota County District Court, Dakota County, Minnesota. Provided,however,that the Contractor must commence any action within one(1)year of its accrual. Provided further that Contractor waives its right to pursue any claim upon its acceptance of final payment. Notwithstanding anything contained herein to the contrary, Owner may pursue, any claim arising out of or relating to this Contract,within the applicable statues of limitation. 1.8.2 This Contract is accepted in and shall be construed in accordance with the laws of the State of Minnesota. 1.8.3 The Contractor shall carry on the Work and maintain the progress schedule during any District Court proceeding,unless otherwise agreed by him and the Owner in writing. SECTION 2 AVAILABILITY OF FACILITIES:PHYSICAL CONDITIONS;REFERENCE POINTS 2.1 FACILITIES BY OWNER The Owner shall provide, not later than the dates stipulated by the Contract, the facilities shown on the Drawings upon which the Work under the Contract is to be performed. Any unreasonable delay in furnishing these facilities by the Owner shall be deemed proper cause for adjustment in the time of completion. 2.2 UNUSUAL CONDITIONS Contractor shall promptly notify the Liquor Operations Director in writing of any latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Liquor Operations Director will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Within a reasonable time thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to the Liquor Operations Director and Contractor. If Liquor Operations Director finds that the results of such investigations or tests indicate that there are latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor,a Change Order may be issued incorporating GC-3 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal the necessary revision. SECTION 3 MATERIALS,EQUIPMENT AND WORKMANSHIP 3.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 3.1.1 All materials used in the Work shall be new and of good quality unless otherwise provided for in the Contract Documents, shall meet the requirements of the Project Executive Overview, Integrated Audio Visual General and Technical Provisions, Special Provisions,Drawings,and Equipment Lists, and shall not be incorporated into the Work until reviewed by the Liquor Operations Director. If required by Liquor Operations Director, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the kind and quality of materials and equipment. 3.1.2 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer,fabricator, supplier or distributor,except as otherwise provided in the Contract Documents. 3.2 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. 3.3 CONTRACTOR'S SUPERINTENDENTS AND WORKERS 3.3.1 A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor,and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed by the Liquor Operations Director in writing. Other communications shall be so confirmed upon written request of the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the subcontractors. The Contractor may also delegate to the superintendent the task of coordinating with others performing contracts in connection with the Work of the Contractor. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. 3.3.2 The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractors. All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or worker employed by the Contractor or subcontractor who does not perform work in a skillful manner,or appears to be incompetent or to act in a disorderly or intemperate manner shall be discharged immediately and shall not be employed again in any portion of the Work. 3.4 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner and Liquor Operations Director that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work,whether or not in place,may be rejected,corrected or accepted as provided in Paragraph 3.8. 3.5 ACCESS TO WORK Liquor Operations Director and Liquor Operations Director's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at GC-4 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. 3.6 TESTS AND INSPECTIONS 3.6.1 Contractor shall give Liquor Operations Director timely notice of readiness of the Work for all required inspections,tests or approvals. 3.6.2 Contractor shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Liquor Operations Director's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals not required by the Contract Documents shall be paid by Owner(unless otherwise specified). 3.6.3 All inspections,tests or approvals other than those required by law, ordinance, rule,regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner or Liquor Operations Director. 3.6.4 Neither observations by Liquor Operations Director nor inspections,tests or approvals by others shall relieve Contractor from its obligations to perform the Work in accordance with the Contract Documents. 3.7 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment,Liquor Operations Director may order Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated. 3.8 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Liquor Operations Director, Contractor shall promptly, without cost to Owner and as specified by Liquor Operations Director, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Liquor Operations Director, remove it from the site and replace it with nondefective Work. 3.9 TWO-YEAR CORRECTION PERIOD If within two years after the date of Final Acceptance of the project or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services,shall be paid by Contractor. 3.10 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work,Owner(and,prior to Liquor Operations Director's recommendation of final payment)prefers to accept it,Owner may do so. In such case,if acceptance occurs prior to Liquor Operations Director's recommendation of final payment, a Change Order shall be issued incorporating the necessary revision in the Contract Documents,including appropriate reduction in the Compensation to the Contractor; or, if the acceptance occurs after such recommendation,an appropriate amount shall be paid by Contractor to Owner. GC-5 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal 3.11 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Liquor Operations Director to proceed to correct defective Work or to remove and replace rejected Work as required by Liquor Operations Director in accordance with Paragraph 3.8, or if Contractor fails to perform the Work in accordance with the Contract Documents(including any requirements of the progress schedule)Owner may,after seven days'written notice to Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto,take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount verified by Liquor Operations Director, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contractor's Compensation. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. SECTION 4 INSURANCE,LEGAL RESPONSIBILITY PUBLIC SAFETY AND MISCELLANEOUS 4.1 INSURANCE 4.1.1 General: The Contractor shall not commence work under this contract until it has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner and Liquor Operations Director. The Contractor shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten(10)days written notice to the Owner and Liquor Operations Director of intent to cancel. The Contractor shall notify its insurance company in writing that the insurance company must notify the Owner and Liquor Operations Director if it cancels the Contractor's insurance. The Contractor shall provide a copy of this written notice to the Owner and Liquor Operations Director. Each insurance policy shall contain a clause naming the Owner and any property owner affected by the Work as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.LC.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 10 days written notice to the Owner and Liquor Operations Director of intent to cancel.The certificates of insurance shall also specifically note the clause naming the City of Apple Valley, the City of Farmington, and the City of Rosemount as additionally insured parties under the policy. The following minimum coverage shall apply. A. Worker's compensation insurance and employer's liability insurance as required by law. B. Contractor's comprehensive general and automobile liability insurance, including coverage for non-owned and hired vehicles,in limits as follows: General Liability- Bodily Injury $1,000,000 each occurrence GC-6 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal $1,000,000 completed operations Property Damage $100,000 OR Combined Single Limit $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability-Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence $200,000 aggregate OR Combined Single Limit $1,000,000 C. In addition to all listed coverages, Contractor shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of$1,200,000. D. Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. E. Contractual Liability: To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner and the Liquor Operations Director and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense(1) is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself) including the loss of use resulting therefrom, and(2)is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. The Contractor, in addition to, and conformity with, all of the other requirements of this Section, will be required to indemnify the property owners from whom temporary construction easements were obtained and include said property owners as additional named insured on the appropriate insurance rider. Names of the property owners, along with other required information, will be provided to the successful bidder after the Contract has been awarded. 4.2 PERMITS AND LICENSES All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges,governmental charges and inspection fees. 4.3 LAWS,REGULATIONS AND SAFETY 4.3.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Project Executive Overview,Integrated Audio Visual General and Technical Provisions, Special Provisions, Drawings, and Equipment Lists are at variance therewith, it shall give Liquor Operations Director prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Work GC-7 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal knowing or being in a position to know it to be contrary to such laws, ordinances,rules and regulations, and without such notice to Liquor Operations Director,it shall bear all costs arising therefrom;however,it shall not be its primary responsibility to make certain that the Project Executive Overview, Integrated Audio Visual General and Technical Provisions, Special Provisions,Drawings, and Equipment Lists are in accordance with such laws,ordinances,rules and regulations. 4.3.2 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: A. All employees on the Work and other persons who may be affected thereby; B. All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the site;and C. Other property at the site. 4.3.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss. The Contractor shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. Contractor shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 4.3.2.13 and C caused, directly or indirectly, in whole or in part, by Contractor, any subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Liquor Operations Director has issued a notice to Owner and Contractor that Work is acceptable. 4.3.4 Contractor shall designate a responsible member of its organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 4.3.5 Contractor agrees to indemnify the Owner and Liquor Operations Director and their agents and employees against all claims, demands,losses,damages and expenses(including attorneys'fees)arising out of or resulting from the Contractor's violation of any safety law,regulation or code (including without limitation OSHA)or any other prudent precaution. SECTION 5 MEASUREMENT AND PAYMENT 5.1 REQUEST FOR PAYMENT The Contractor may submit periodically,but not more than one each month unless otherwise approved by the Liquor Operations Director, documentation summarizing work completed to date in the performance of the Contract including measured quantities and associated unit prices in a tabulated format a ("Request for Payment") for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: A. The Contractor shall submit evidence to establish the Owner's'title to such materials. B. Acceptable provisions have been made for storage. C. The Contractor shall provide and maintain insurance against all loss, theft, vandalism, damage and GC-8 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured. 5.2 LIQUOR OPERATIONS DIRECTOR'S ACTION ON A REQUEST FOR PAYMENT Within twenty(20) days of submission of any Request for Payment by the Contractor, the Liquor Operations Director shall: A. Approve the Request for Payment as submitted and forward it to the Owner. The Owner may retain a percentage of payment in the amount up to five (5) percent (hereinafter "Retainage") until final payment on the Contract; B. Approve such other amount as the Liquor Operations Director shall consider is due the Contractor, informing the Contractor in writing of the Liquor Operations Director's reasons for approving the modified amount;or C. Withhold the Request for Payment, informing the Contractor in writing of the Liquor Operations Director's reasons for withholding it. 5.3 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT Within thirty(30)days from the date of approval of a Request for Payment by the Liquor Operations Director, the Owner shall: A. Pay the Request for Payment as approved by the Liquor Operations Director; B. Pay such other amount in accordance with Section 5.4 as the Owner shall decide is due the Contractor,informing the Contractor and the Liquor Operations Director in writing of his reasons for paying the modified amount;or C. Withholding payment in accordance with Section 5.4 informing the Contractor and the Liquor Operations Director in writing of the Owner's reasons for withholding payment. 5.4 CONTRACTOR'S OBLIGATIONS TO SUBCONTRACTORS The Contractor shall pay any subcontractor within ten days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one-half(1-1/2%)percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time pursuant to this provision to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one hundred($100.00) dollars or more shall be ten($10.00) dollars. For an unpaid balance of less than one hundred ($100.00) dollars, the Contractor shall pay the actual penalty due under this provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 5.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 5.4.1 The Owner may withhold payment in whole or in part to the extent necessary to protect the Owner from loss on account of any of the following causes. A. Violation of any of the terms of the Contract Documents GC-9 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal B. Defective work not remedied,or completed work which has been damaged. C. Reasonable evidence indicating potential filing of claims by other parties against the Contract or Owner. D. Failure of the Contractor to make payments to subcontractors,materialmen or suppliers. E. Damage to the Owner or any other person. F. Contractor's unsatisfactory prosecution of the work. 5.5.2 When any of the above grounds for which payment is being withheld is removed,payment shall be made for the amount withheld. 5.6 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work,materials and equipment covered by any Request for Payment,whether incorporated in the Project or not,will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). 5.7 SUBSTANTIAL COMPLETION When Contractor considers the entire Work ready for its intended use Contractor shall,in writing to Owner and Liquor Operations Director, certify that the entire Work is substantially complete and request that Liquor Operations Director issue a certificate of Substantial Completion. Within a reasonable time thereafter,Owner, Contractor and Liquor Operations Director shall make an inspection of the Work to determine the status of completion. If Liquor Operations Director does not consider the Work substantially complete, Liquor Operations Director will notify Contractor in writing giving his reasons therefor. If Liquor Operations Director considers the Work substantially complete, Liquor Operations Director will prepare and deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which it may make written objection to Liquor Operations Director as to any provisions of the certificate and attached list. If, after considering such objections, Liquor Operations Director concludes that the Work is not substantially complete, Liquor Operations Director will within fourteen days after submission of the tentative certificate to Owner notify Contractor in writing,stating his reasons therefore. If, after consideration of Owner's objections, Liquor Operations Director considers the Work substantially complete, Liquor Operations Director will within said fourteen days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from Owner. At the time of delivery of the tentative certificate of Substantial Completion Liquor Operations Director will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor. Unless Owner and Contractor agree otherwise in writing and so inform Liquor Operations Director prior to the Liquor Operations Director issuing the definitive certificate of Substantial Completion, Liquor Operations Director's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion,but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. 5.8 PARTIAL UTILIZATION GC-10 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of their Work. If Contractor agrees,Contractor will certify to Owner and Liquor Operations Director that said part of the Work is substantially complete and request Liquor Operations Director to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter Owner, Contractor and Liquor Operations Director shall make an inspection of that part of the Work to determine its status of completion. If Liquor Operations Director does not consider that part of the Work to be substantially complete,Liquor Operations Director will notify Owner and Contractor in writing with the reason therefor. If Liquor Operations Director considers that part of the Work to be substantially complete, Liquor Operations Director will execute and deliver to Owner and Contractor a certificate to that effect,fixing the date of Substantial Completion as to that part of the Work,attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the Work,Liquor Operations Director will deliver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the definitive certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Liquor Operations Director. Owner shall have the right to exclude Contractor from any part of the Work which Liquor Operations Director has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. 5.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete,Liquor Operations Director will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 5.10 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Liquor Operations Director and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents--all as required by the Contract Documents, and after Liquor Operations Director has indicated that the Work is acceptable (subject to the provisions of Section 5.11),Contractor may make application for final payment following the procedure for progress payments. The final Request for Payment shall be accompanied by all documentation called for in the Contract Documents, including IC 134 documentation and such other data and schedules as Liquor Operations Director may reasonably require, together with complete and legally effective releases or waivers(satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills,and other indebtedness connected with the Work for which Owner or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any subcontractor,manufacturer,fabricator,supplier or distributor fails to furnish a release or receipt in full,Contractor may furnish a Letter of Credit or other collateral satisfactory to Owner to indemnify Owner against any Lien. 5.11 FINAL PAYMENT AND ACCEPTANCE If, on the basis of Liquor Operations Director's observation of the Work during construction and final inspection, and Liquor Operations Director's review of the final Request for Payment and accompanying documentation--all as required by the Contract Documents, Liquor Operations Director is satisfied that the GC-11 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal Work has been completed and Contractor has fulfilled all of its obligations under the Contract Documents, Liquor Operations Director will, within ten days after receipt of the final Request for Payment, indicate in writing the Liquor Operations Director's recommendation of payment and present the application to Owner for payment. Thereupon Liquor Operations Director will give written notice to Owner and contractor that the Work is acceptable subject to the provision of section 5.11. Otherwise,Liquor Operations Director will return the Request for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Request for Payment and accompanying documentation are appropriate as to form and substance,Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Liquor Operations Director. If,through no fault of Contractor,final completion of the Work is significantly delayed thereof and if Liquor Operations Director so confirms, Owner shall,upon receipt of Contractor's final Request for Payment and recommendation of Liquor Operations Director, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Contract,and if Bonds have been furnished as required herein,the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Liquor Operations Director with the Request for Payment for such payment. Such payment shall be made under the terms and conditions governing final payment,except that it shall not constitute a waiver of claims. 5.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Liquor Operations Director, nor the issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents,nor any use or occupancy of the Work or any part thereof by Owner,nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Liquor Operations Director pursuant to Sections 5.9 or 5.10,nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 5.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 5.13.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Section 5.8 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein;however,it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; 5.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. SECTION 6 CHANGES IN THE WORK 6.1 CHANGE ORDERS Without invalidating the Contract, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work;these will be authorized by Change Orders. Upon receipt of a Change Order,Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract time,an equitable adjustment will be made as provided in Section 6 or Section 7 on the basis of a claim made by either party. GC-12 City of Apple Valley Point of Sale(POS) System for Apple Valley Liquor Request For Proposal 6.2 MINOR CHANGES Liquor Operations Director may authorize minor changes in the Work not involving an adjustment in the Contractor's Compensation or the Contract Time,which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a Field Order justifies an increase in the Contractor's Compensation or Contract Time, Contractor may make a claim therefor as provided in this Section 6. 6.3 UNAUTHORIZED WORK Additional labor and materials beyond the Work undertaken without authorization of a Change Order will not entitle Contractor to an increase in the Contractor's Compensation or an extension of the Contract Time,except in the case of an emergency. 6.4 LIQUOR OPERATIONS DIRECTOR RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Liquor Operations Director covering changes in the Work which are required by Owner,or required because of unforeseen physical conditions or emergencies, or because of any other claim of Contractor for a change in the Contract Time or increased compensation which is recommended by Liquor Operations Director. 6.5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope of the work or change in the Contract prices is required by the provisions of any Payment or Performance Bond to be given to the surety, it will be Contractor's responsibility to so notify the surety, and the amount of any Payment or Performance Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner. 6.6 CONCEALED CONDITIONS Should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract,be encountered,the Contractor shall make any claim for adjustment in compensation in accordance with Paragraph 6.7. 6.7 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contractor's Compensation, it shall give the Liquor Operations Director written notice thereof within ten (10) days of the occurrence of the event-giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 6.8. No such claim shall be valid unless so made. If the Owner and the contractor cannot agree on the amount of the adjustment in the Contractor's Compensation, it shall be referred to the Liquor Operations Director in accordance with Paragraph 1.8. Any change in the Contractor's Compensation resulting from such claim shall be authorized by any Change Orders. If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation of the Liquor Operations Director, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or(4)failure of payment by the Owner,Contractor shall make such a claim as provided herein. 6.8 WORK DURING AN EMERGENCY GC-13 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal 6.8.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases it shall, as soon as practicable, notify the Owner of the emergency and it shall not wait for the instructions before proceeding to protect both life and property. 6.8.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be determined under Paragraph 6.7. SECTION 7 CHANGE OF CONTRACTOR'S COMPENSATION 7.1 CONTRACTOR'S COMPENSATION The "Contractor's Compensation" constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at its expense without change in the Contractor's Compensation. 7.2 CHANGE IN CONTRACT PRICE Any claim for an increase in the Contractor's Compensation shall be based on written notice delivered to Owner and Liquor Operations Director within ten(10) days of the occurrence of the event-giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless Liquor Operations Director allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contractor's Compensation shall be determined by Liquor Operations Director if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contractor's Compensation resulting from any such claim shall be incorporated in any Change Orders. 7.3 BASIS OF CHANGE The cost or credit to the Owner resulting from a change in the Work shall be determined and mutually agreed upon in advance of performance of the change in Work in one or more of the following ways: 7.3.1 By mutual acceptance of a lump sum properly itemized. 7.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office expense,overhead,profit and bond),or 7.3.3 By mutual acceptance of actual cost of the changed Work, plus an allowance for overhead, supervision and profit as subsequently agreed upon. The Owner shall have the right to examine, inspect, copy and audit the books and records of any Contractor or subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 7.4 WORK PERFORMED BY SUBCONTRACTORS The Contractor's fees for Work performed by subcontractors shall be a minimum of 5%up to a maximum of 10% (as determined in the sole discretion of the Owner, for such Work where the Work performed by subcontractors is supervised by the Contractor) as compensation for all other costs and expenses including administrative overhead,profit and supervision. SECTION 8 SUSPENSION OF WORK AND TERMINATION 8.1 OWNER MAY SUSPEND WORK GC-14 City of Apple Valley Point of Sale(POS) System for Apple Valley Liquor Request For Proposal Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Liquor Operations Director which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed, Contractor will be allowed an increase in the Contractor's Compensation or an extension of the Contract Time, or both, directly attributable to any suspension if it makes a claim therefor as provided in Section 7. 8.2 OWNER MAY TERMINATE Owner may terminate the Contract upon the occurrence of any one or more of the following events: 8.2.1 If Contractor is adjudged bankrupt or insolvent, 8.2.2 If Contractor makes a general assignment for the benefit of creditors, 8.2.3 If a trustee or receiver is appointed for Contractor or for any of Contractor's property, 8.2.4 If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws 8.2.5 If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, 8.2.6 If Contractor repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, 8.2.7 If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, 8.2.8 If Contractor disregards the authority of Liquor Operations Director,or 8.2.9 If Contractor otherwise violates in any substantial way any provision of the Contract Documents, Owner may after giving Contractor and its Surety seven days written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere,and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contractor's Compensation exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Liquor Operations Director and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. 8.3 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 8.4 Upon seven days'written notice to Contractor and Liquor Operations Director, Owner may,without cause and without prejudice to any other right or remedy,elect to abandon the Work and terminate the Contract. In such case, Contractor shall be paid for all Work executed and any expenses sustained plus reasonable termination expenses. 8.5 If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor has not defaulted,the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 8.6. GC-15 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal 8.6 CONVENIENCE TERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this Contract in whole,or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent of the Work under the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termination,the Contractor shall stop work on the date and to the extent specified. The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further terminate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work completed to the termination date together with a reasonable profit on the completed Work,but Contractor shall not be entitled to any further damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tangible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. 8.7 CONTRACTOR MAY STOP WORK OR TERMINATE If,through no act or fault of Contractor,the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Liquor Operations Director fails to act on any Request for Payment within thirty days to pay Contractor any sum finally determined to be due, the Contractor may, upon seven days'written notice to Owner and Liquor Operations Director,terminate the Contract and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Contract,if Liquor Operations Director has failed to act on a Request for Payment or Owner has failed to make any payment as aforesaid, the Contractor may upon seven days' notice to Owner and Liquor Operations Director stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of its obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. SECTION 9 GENERAL 9.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or Liquor Operations Director or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue,loss of bonding capacity,or any other special,indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Liquor Operations Director for any loss, claim or damage arising out of this Contract or the performance or breach thereof,shall be limited to the value of the Work performed. 9.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner and Liquor Operations Director thereunder,shall be in addition to,and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract,by special warranty or guarantee or by other provisions of the Contract Documents,and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this GC-16 City of Apple Valley Point of Sale(POS)System for Apple Valley Liquor Request For Proposal Contract. 9.3 HOURS OF OPERATION: 9.3.1. The Contractor shall only be permitted to operate construction equipment between 8:00 a.m. and 4:30 p.m. Monday through Friday unless specifically authorized by the Liquor Operations Director. 9.3.2. The Contractor shall not perform Work on Saturdays, Sundays, or federally designated holidays unless special approval is granted by the Liquor Operations Director. 9.3.3. The Contractor shall notify the Liquor Operations Director in advance of all times of work on the construction site. GC-17 City of Apple Valley Point of Sale Specifications June 9,2014 City of Apple Valley Company: Date: Item# Needs Yes No POS/Registers/Office 1 Access all sales reports from POS terminals and/or back office. 2 Ability too en office(or back office)software at POS terminal. 3 Z out report at POS,report to list all discounts,no sales,voids,any adjustment to a sale from that shift. 4 If no to item 3,where is this info listed? 5 EOD or shift(Z out and/or X out reports)reports are available at each POS terminal. 6 Customized header/footer on receipts? Adjustable by management? How many lines(space)available? 7 Receipts to be set at no print unless requested. This feature can be turned on/off by store management. 8 If yes to 7,there would be a one touch button assigned to print a receipt. 9 If yes to 8,if no receipt is requested POS would be ready to start next sale with no additional commands. 10 Gift receipts offered at one touch button. 11 Print past receipt from earlier that day)at POS,explain process. 12 Ability for receipt to note"You Saved Dollars Today"when discounts have been applied. 13 Ability to handle cash and credit card transactions. 14 Ability to handle gift card sales and transactions. Can POS handle cards purchased from separate vender? Bar code requirements? 15 Gift cards to be a software feature of the POS system,including audit and reporting abilities. 16 Gift Cards,newly loaded/sold card recognized at other registers/stores in 15 minutes or less. 17 New POS system to recognize and process currently issued gift cards. 18 Portable POS terminals available? Explain options. 19 Front page of POS,can management decide how many features/options/buttons to display or not display on that screen? 20 If yes to#19,after initial setup can management make changes or is this vender controlled? 21 Case discounts,can we assign a certain discount percentage to a button? Can we limit what that button's discount applies to? 22 How many buttons on front page of POS can be assigned/altered by store management? Or vender? 23 Touch screens at POS,is there a need for a keyboard? If no,what percentage of your users have/use a keyboard at POS? 24 Ability to process returns at POS terminals. 25 Training mode available on POS terminals? 26 Enter customer information at POS for clubs. 27 POS is able to operate if server goes down or communication between server and POS is lost.Explain process. 28 If yes to item 27,when POS is"off line"it has an up to date item file to work from,no older than 15 minutes. 29 If yes to item 27,when communication is re-established all sales info will automatically populate to main system. 30 Ability to view inventory of any store on any register or back office. 31 Ability to email register users by person or group,within POS system. 32 Ability to search for a product by type(Cab,Scotch)or region(Cal or France)and send info to POS to complete sale. 33 Ability to suspend multiple transactions,note how many POS can handle. 34 Ability to share screen space on POS and back room with,and integrate with a security system and CCN. 35 One press of a button to skip ID check,ability to manually enter DOB on age check. Turn on/off feature per employee? 36 Time card feature,export to Excel? 37 View sales on an item,listing days and time of each sale,back office. 38 Pre sales at POS,how do you handle? How many can be saved? Process to setup and also recover sale? 39 Able to adjust/move grids or columns and lock in those adjustments? 40 Ability to enter new SKU's Point of Sale Specifications June 9,2014 City of Apple Valley Company: Date: Item# Needs Yes No 41 Ability to have multiple UPC's per item. 42 A minimum of two years of sales history to be imported from the current system into the new system. 43 Vender to verify reporting info types/fields currently available and report which types/fields will be imported to the new system. 44 Explain your conversation process. 45 Ability to add/delete and maintain vendor information. 46 Are PtD,WtD,MtD and YtD periods closed and saved automatically? 47 Is able to set auto purge for dates and range 48 Software includes help/definitions feature. Security Parameters 49 Auto log off at POS(set at_minutes)and backroom,available? What is the range this time can be set to? Re-login requires what? 50 If yes to item 49 can this feature be turned off/adjusted by management? 51 Individual sign in/log ins for register and office access,explain user rights/levels. 52 New employee setup,done at one location within software for all employee levels?Does this go system wide or per location? 53 Tracking of discounts/adjustments made at registers,see#3. Explain options on this info from the back office. 54 Generate employee log reports with an audit trail. Explain process to review employee performance on POS. 55 Off-site support of POS,how is communication established? Can we initiate from POS or back office? Reporting 56 Built in report generator(Ability to create,save and title as we wish). 57 Access reports from back office computers for any register or store. 58 Access to hourly sales reports from back office. 59 Ability to break down department sales daily. 60 Ability to manage inventory with stock room locations. 61 Low sales report. 62 Price variance reports. 63 Excess inventory reports. 64 Items sales history report. 65 Are there standard reports included in the base software product? Please supply a list. Are we able to modify the reports? 66 Inventory turn report. 67 Inventory item report that shows days supply left. 68 Ability to show gross profit%on inventory by item and department. 69 Ability to show sales history on items. 70 Ability to export reports to Excel. 71 Ability to view live transactions from any register at that store's back office. 72 Gift cards sold,redeemed,and available balances reports?Process gift cards produced by others? 73 Ability to look up inventory levels by department for each store. 74 Ability to save and email reports to finance? 75 Ability to auto print monthly reports at the end of each month? 76 QoH Report,PtD sales report(can we have a saved report and fill in the dates we need?). 77 GP report,allowing us to set dates when we run the report. By class,department or store. 78 Please note how many custom reports you are willing to build for us prior to install and also in the first 4 months of use. inventory Point of Sale Specifications June 9,2014 City of Apple Valley Company: Date: Item# Needs Yes No 79 Ability to handle credits from vendors. 80 Set min/max order levels on each item. 81 Ability to set PO report based on any combination of sales history,time period and percentage thereof. 82 Ability to create PO off of min/max order levels. 83 Explain all options/parameters available in creating P0. 84 Ability to create PO for a category,for example liquor,not dependent on a vendor selection. 85 If yes to Zine#84,ability to assign items in that PO to various venders/PO's from that single PO. 86 Ability to arrange/list items in the PO,in alphabetical order. 87 Ability to send PO as an email,pdf,electronic submission or other? List options. 88 Ability to accept electronic invoices. Explain process. 89 Receive invoice by PO and edit as needed. 90 Receive invoice from invoice,explain process. 91 Receiving report to note a changed cost from last receiving. Change only listed when greater than zero,otherwise blank. 92 Ability to set a Markup%or GP%for each item and have the system flag any items that fall outside of target. 93 Receiving report to list GP%on each item received. 94 Ability in system to mark items that are back ordered,where will this info be displayed,office/POS? 95 Ability to print shelf labels for new items upon accepting PO(or invoice),on office printers using standard labels. 96 Ability to print UPC barcodes,price change labels on office printer. 97 Ability to design our own shelf label and print label on office printer. 98 Scanning inventory into to stock. 99 Ability to perform cycle counts,explain procedure/options.Also list hardware options and costs. Wireless? 100 Ability(by management)to add or delete fields on receiving page. 101 Explain store to store transfer process. Credit Cards 102 Credit card processing.Is system compatible with Elavon merchant processing? 103 If yes to 102,any additional processing fee? Please list all fees excluding interchange charges. 104 If no to 102,what processors are you able to work with? Include quotes excluding interchange charges on card processing costs. 105 Payment Card transactions to be processed at/within POS. 106 POS to display live sales info on card payment terminal. Customer would be able to follow sale on card payment terminal. 107 If yes to item 106 please detail our options for greetings and displays on card payment terminal display. 108 Explain process to recover transaction history on a"charge back item". 109 POS software is validated to the Payment Application Data Security Standard(PA-DSS)? 110 POS software does not store magnetic stripe date(track data)or PIN blocks. 112 Electronic signature capturing for payment cards(system ready for EMV Oct 2015?). Hardware options? 113 Is payment card processing point to point with encryption with tokenization?Provide documentation. 114 The hardware payment terminal is included in a PCI P2PE solution listed on the PCI SSC's list of Validated P2PE Solutions. 115 Is your Software a P2PE solution that is listed on the SSC list of Validated P2PE Solutions? 116 All storage,processing,and transmission of any CHD is within a validated PCI P2PE solution. 117 Software has no storage of CHD in electronic format,including no legacy storage of CHD from prior payment devices or systems. 118 Is there any part of your software and hardware solution that prevents us from being a SAQ C level merchant or better? Marketing Point of Sale Specifications June 9,2014 City of Apple Valley Company: Date: Item# Needs Yes No 119 Ability to set up promotions including start/end dates and times within a date. 120 Ability to set up custom groups(like a wine club customer list)and enter customer info at POS. 121 If yes to item 120,ability to recognize a customer in that group and offer a discount. Maybe by a membership card. 122 Ability to develop a customer list in POS and email or export that list. 123 Product list(and pricing)uploaded to a website? 124 Customer special orders,how built and saved. Maintenance 125 Maintenance contract offered?What does it consist of? 126 How are software upgrades handled? On average how often are there updated versions of the software available? Cost? 127 Tech support available,list hours available. 128 Include a list of service packages including when service is available and costs. Finance 129 Interfaces with JDE/Oracle Accounting software. 130 Do you offer a time card feature? Can it export to Excel? Multi Store Usage 131 Is your software currently used in a multi-liquor store business? If so,where? Please include contact info. 132 Ability to view product information from all stores on one page,alphabetically listed,without running a report. 133 If yes to 132,product info includes Qoh,WtD(with last 5 weeks),Mtd(12 months shown),Ytd and previous years totals. 134 If yes to 132,page would also include multiple packages of a brand,for example all sizes of Windsor. 135 If yes to 132,can you provide a 4 week order amount(column)based on the last 4 weeks of sales,minus current inventory? 136 If yes to 135,add a second column listing a 13 week order based on the most recent 13 weeks of sales,minus current inventory. 137 Ability to print report of store transfers out and in. 138 How often is data synced between stores? Are users able to set this schedule? 139 Does the sync copy all data to 1 server or to all the stores"servers"? Please explain process. 140 What is the method or process to check information at other stores? 141 Supports multiple store usage. 142 Multiple users able to access"corporate/or system"simultaneously? 143 Transfer data(24 month's worth)from current system to new system. Including gift card balances and card numbers. 144 Purge feature,explain process. 145 Receiving by invoice at a central location(we have a bookkeeper currently doing most receiving from store 1),explain process. 146 Deleting an item,one step and the system completes? Explain process. Implementation 147 Document implementation process/plan. 148 Able to use all current hardware in place? Including cycle count tools? This is your responsibility to confirm before bidding. 149 Time frame of implementation process,are you able to meet our schedule? Training 150 Training onsite during the implementation and phone support after,explain what is included,what isn't. 151 Training/support after implementation,what's included? 152 Supply owner's manual with bid. 153 Include training support,both onsite or by phone support through 12-31-2015,in quote. IT-Server Point of Sale Specifications June 9,2014 City of Apple Valley Company: Date: Item# Needs Yes No 154 Can one server house data and applications for all three stores plus corporate? If not,how many servers are required? 155_ Please provide server hardware and software requirements. 156 Please identify network requirements. 157 What database,and version,is used? 158 Can server applications be run as services without a user being logged in? 159 Will employees need to interact or run programs on the server regularly? 160 Are any hardware peripherals(ex.USB software key,printers,communication devices)required to be connected directly to server(s)? 161 How many qualified technicians are able to provide support? 162 How frequently are software updates provided and applied? I7-POS Workstations 163 Please provide POS hardware and software requirements. 164 Will POS software operate on 64-bit versions of Windows? Windows 7? Windows 8.1? 165 Will POS software operate on Windows PC with only USB peripherals(ex.receipt printer,barcode scanner,credit card swipe,etc.)? 166 Will POS software function for a regular user with no(Windows)administrative rights? 167 How is remote support provided? 168 Is support for hardware provided or software only? Miscellaneous 169 Store 1,4 Registers plus 2 work stations,excludes liquor administration. 170 Store 2,2 Registers plus 1 work station. 171 Store 3,4 Registers plus 2 work stations,excludes liquor administration. 172 Administration,2 work stations(one located at Store 1 and the second located at Store 3). 173 Any issues with remote access to software package from Finance? Additional users(like finance)additional costs? 174 Service/support contract to cover through 12-31-2015 to be included in bid. List options for service after that. 175 Itemize all components of contract amount. 176 What are the second year operating costs/licenses for your system? 177 How is software licensed to us? Bundled,per POS,per building,other? 178 How is service/support sold? Billed at what rates? Night,weekend and on call support,available? Rates? _�_ ' �5 °�E i d �? E, �s — � � �, t � __. r ;E_ .; , __ K�—�_. '." f e ij' �' !�, '' E"4 _�� — (a� €,t 1 '_ �� �, � ��" .. „ ,' - is��l i o.=s � E4x _ay � 'b6^ a __.:. - �o� a .'.- � "�`� ". a � �' �_. „'�.':.,,,, Boa� ... _ ---- ... n � __ 4'°�', t'3 � a� p tH � _ ��,,.^� � �,�= — � lii Oil�i kP Iql I1i11111y�1 II m, � 4_ s x. � w,; y� .� ,�� .� c,..y� '� ���� N� z�; � �� �� � °�� i G,� � — _ �, a� — .� __L � << : rat � . ���i i � E a _ � �. -�, �„ +,, -- _. -�,m�..,. .: .: §� u N _ � L �� �e x. TABLE OF CONTENTS Introduction 1 Nature of Services Required 1 Current System Used 2 Time Requirements 2 Proposal 2 Demonstration Meeting 4 Final Selection 4 Right to Reject Proposals 5 Standard Agreement for Professional Services 5 Introduction General Information The City of Apple Valley is requesting proposals from qualified software companies for point of sale system software, support, back office support, and inventory tracking for three municipal liquor stores. To be considered, four copies of the proposal must be received by Scott Swanson by 4:30 p.m. on Friday June 27St 2014. The City reserves the right to reject any or all proposals submitted. Proposals submitted will be evaluated by a review committee. Questions should be directed to Scott Swanson, Liquor Store Operations Director (952-953-2560) or sswansonCa)cit ofapplevalleyorg. There will be a pre-proposal conference at 9 AM, Friday,June 20th at Liquor Store 3, 5470 157th St West,Apple Valley MN 55124. All questions will be answered at this conference. You are not required to attend; this is an opportunity to ask questions. The City reserves the right,where it may serve the City's best interest,to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City is not required to select the lowest proposal and reserves the right to accept any of the proposals submitted. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted. Nature of Services Required Scope of Work to be Performed The City expects a POS vendor to provide the following: • Highly functional POS software that meets the City's needs • The implementation of the software • Initial staff training • Provide periodic upgrades to the software • Assistance with on-going maintenance • Assistance with on-going training and questions 1 Current System Used ARS Solutions Time Requirements Proposal Calendar The following is a list of key dates regarding the selection process: Proposal Due Date June 27`11 Pre-proposal conference June 201h, 9AM Demonstration Meetings Week of July 14th and July 21th City Council Approval August 14th or August 2Wh Date May Commence The City is looking for implementation between September 2nd and September 101h. Proposal The following material is required to be received by June 27th, 2014: Provide four copies of the following: • Title Page Title page showing the request for proposal's subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. • Table of Contents • Transmittal Letter A signed letter of transmittal briefly stating the proposer's understanding of the work to be done,the commitment to perform the work within the time period, a statement why the firm believes it is the best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for the three year period. • Detailed Proposal 2 1. Firm Qualifications and Experience The vendor should provide information on why they are particularly qualified for this project. Include information such as the size of the company,the amount of support staff, and the location of the office from which the support is being performed. The vendor should provide four references of multi- location liquor store installations. Please provide business name, contact person with email address and phone number. 2. Staff Qualifications and Experience Provide as much information as possible regarding the number of staff, qualifications, experience and training. Indicate how the quality of staff will be maintained. 3. Specific Approach Please indicate in detail the approach and plan for the project, including proposed staffing for the following: ■ Time line ■ Typical implementation structure ■ What to expect for training on site both prior to installation and after installation. ■ Approach and/or plan for ongoing support 4. Pricing The City will not be responsible for expenses incurred in preparing and submitting the proposal. Provide the cost of the initial software and services, including the following: ■ Software cost ■ Implementation ■ Initial staff training ■ Any additional costs Also,provide the annual cost of on-going software and services including the following: ■ Periodic upgrades ■ On-going maintenance 3 ■ On-going training and questions ■ Any additional costs S. Exhibit A Completed Completion of Exhibit A which lists the detailed requirements of the software. Please return four copies of Exhibit A with yes/no checked for each item indicating system functionality. Please include a second document with any additional information or explanations. Please note the item number you're addressing. For any vendors selected for demonstrations,the vendor is expected to demonstrate the functionality of the items they indicated the software can perform. Proposers should send the completed proposal to the following address: City of Apple Valley 7100 West 147th St Apple Valley, MN 55124 Attn: Scott Swanson Evaluation Process Proposals submitted will be evaluated by a review committee consisting of Liquor store staff, Operations Director and IT. Demonstration Meeting During the evaluation process,the review committee may, at its discretion, request any one or all firms to make oral presentations. The purpose of the presentation will be to demonstrate that the software functionality matches Exhibit A. The vendors are expected to demonstrate all the functional items in Exhibit A. Such presentations will provide vendors with an opportunity to answer any questions the review committee may have on the vendors' proposals. The City reserves the right to request such oral presentations from all, some, or none of the vendors. Final Selection The City will select a firm based upon the recommendation of the review committee. It is anticipated that the recommended vendor will be presented to the City Council for consideration of approval by the Council on August 14th or August 28th. 4 Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted. The City reserves the right without prejudice to reject any or all proposals. Standard Agreement for Professional Services The contract to be signed for the project will include initial implementation and ongoing support and maintenance. The form of the contract is included in this package with the request for proposals. 5 Apple Valley Liquor Request for Proposals Point of Sale System RITE Enterprises Inc. Sales Representative - Gary Noble President - Rick Feuling 1001 2nd St S. Suite 100 Sartell, MN. 56377 320-230-2282 - ext. 4007 garyn@rite.us 4-77 !MM 6/27/2013 1 1 P a g e Table of Contents Transmittal Letter............................................................................Pg. 3 Firm Qualification and Experience..............................................Pg. 4 Staff Qualification and Experience...............................................Pg. 5 SpecificApproach............................................................................Pg. 6 Pricing.................................................................................................Pg. 8 ExhibitA........................................................................................Pg. I ��� 2 1 Page Transmittal Letter We understand that we will be providing Retail POS software,and hardware as desired,for the City of Apple Valley's 3 liquor stores and will work with the city's IT department at whatever level requested. We are responsible for deploying the software,training before implementation, and after as requested by the city, supporting the software when it comes to updates,configuration due to future needs or policy changes, and fixes(user error or otherwise). We have read the time requirements and understand that you have an implementation start date of Sept 2nd. From your stated timeline and stated scheduled events, having picked the software by July 25th or hopefully earlier we can keep the process moving forward. The formal agenda item of having council `ok' our selection will happen asap,aiming for Aug 14`h for final City Council approval, we will be able to meet that expectation. This all comes down to the fact that when you're talking about POS solutions for the retail liquor industry we are one of the top providers out there. We are also one of the top 5 software customization companies in the nation. If your needs change we can accommodate them and adapt to new ways of improving the customer experience and complying with new licensed beverage regulations as they arise. The fact that we work with,and can provide add-ons to, a Microsoft product that is the industry leader in POS software just adds to the benefit you will receive by electing to do business with us. Fully U.S.based support is another factor in selecting us. Although 90+percent of system incidents can be taken care of by remote access, it's still nice to know you have a friend nearby when you really need one. Whether it is for live training, live support, or just a real face once in a while,we'll be here. When you contact us,you connect with a RITE employee in Sartell MN, and 90%of the time the first person that you talk to at our office can address your need. We're not headquartered in California, Georgia, Nevada, or Tennessee,and none of our operators are overseas. As far as after-hour response time, our average is 15 minutes and we're a quick jog to the cities if on-site support is needed. I think all of those factors make for a nice advantage in our favor. RITE is growing by bounds within these somewhat uncertain times. That coupled with the staying power of Microsoft translates to a team that will deliver an ongoing solution for the City of Apple Valley. We have read and understand the RFP and Exhibit A. Our proposed software costs and services have been calculated for a three(3) year time. We will work within it and support the system for a three year period assumed to start September 2nd,2014 and concluding September 2nd, 2017. Name and Title Gary Noble Sales Re resentative Signature - ✓`� Date Detailed Proposal 1. Firm Qualifications and Experience RITE is an S Corporation headquartered in Sartell,MN(St. Cloud ring community) and is a self-funded privately run business. We merged with Retail Automation Systems of Dallas,TX in January of this year and continue to operate under the RITE logo. We have 12 employees between the two offices. The merger joined two long established and highly awarded Microsoft Dynamics Retail Partners with excess of 90 years combined retail solutions expertise with clients in 40 states. Combining Microsoft RMS as your retail platform, with RITE's long history of experience working with beer/wine/liquor retailers ranging in size from hole in the wall stores to 100 million+revenue merchants makes for a well fit product. Couple that with our ability to customize this platform to meet your specific needs provides you with the highest return on investment and most efficient operation possible. We have written over a million lines of software code to customize the system for client needs and ever changing licensed beverage regulations. The Microsoft product,the Microsoft brand, our liquor specific tools, and our knowledge bring value that you can't get anywhere else. Our CEO is from the liquor industry and the large portion of our clients have your similar specialized requirements. As far as citing specific comparisons, we will let our product stand on its own merits. We are confident that you will notice the return on investment our knowledge and tools will deliver, if we receive the privilege of demonstrating our system to your group. We have been featured in 4 Microsoft case studies and in 8 retail magazine articles including... Biztech Magazine February 2012-"Real-Time Inventory Management Means Smarter Decisions" Microsoft Retail Case Study—PCI Compliance 2011 —A case study published by Microsoft on RITE client,Brooklyn Center Liquors—a city owned chain of liquor stores, and the by the book PCI compliance implementation we preformed. Microsoft Retail Press Release—RITE's Wine Retailer Specialization October 15, 2010—RITE has press release published in conjunction with Wine Discount Center,a 5 store chain of fine wine retailers, in regard to the tailoring of RMS we performed to suit their needs. Microsoft Retail Case Study—RITE's Beer/Wine/Liquor Specialization October 29, 2004—with Westside Liquor, for Excellence with Liquor Retailers References BC Liquors -Tom Agnes 763-549-3710 Tagnes@Brooklyncenterliquor.com Happy Harry's Bottle Shops-Dustin Mitzel 701-492-7480 dustin@happy-harrys.com Northgate Liquors -Bruce Knowlan 763-754-3231 liquorsplus@hotmail.com City of Columbia Heights -Jeff Hanson 763 706-3636 jeff.hanson@ci.columbia-heights.mn.us 4 1 P a g e 2. Staff Qualifications and Experience As we mentioned,we are headquartered in Central MN and have support staff assigned to our Sartell office that can serve your support needs. We also have three staff on our sales team and three office staff. We have eight technical staff in total,three of which are solely dedicated to help desk duties. We specialize, and are solely involved, in retail technology and we only have retail customers. We have a total combined experience of 43 years in RMS and 90 years combined general retail experience. Three of our personnel have multiple Microsoft certifications in the RMS software. When you call RITE,you call a local number, the person who picks up the phone has a MN accent, and 90%of the time they can help you without a single transfer. Most of our techs have a retail back ground,and a few have actually worked the floors of a liquor store. We understand your industry, and have the resources to make this project a success. Not only have we maintained our company size these past 4 years, we have added to the company out of necessity and service to our customers. Our most senior tech has been with us for 9 years and our most rookie tech has 1 year experience on the RMS software, a very good balance of longevity and infusing our company with new talent as well. We continually seek out highly trained individuals and are on an upward swing while many of our competitors are in a downward spiral. Our company is"moving in the correct direction and our continued growth will ensure that you will be well served over the life of your relationship with us. RITE Enterprises Inc -Org Chau 2014 n �and LeadConsultant--�� .Northry les Region , Lead f' Software Developer Accounting Co Sales South Region I Jason Consultant Brian H-Technical Consultant EU-17701; l = i �. .�. .1 ... f,...; t Carolyn and Project Assistant 5 Page 3. Specific Approach We typically implement our system (software,hardware, training, and support)though in some cases where the customer has their own IT team in place we have worked with them to get the project deployed to reduce costs for the client. Our proposal and pricing is based on having an on-site presence for this project,but are open to how much and what that looks like. Timeline Considering your timeline as stated in RFP and in our Transmittal Letter, we would like to begin work just after July 25th with conversion of your ARS database. We would roll out your Headquarters location starting the first week of August and subsequent stores would be rolled out the 3rd and 4th weeks of August so as to go live by your Sept 10th Commence date, or sooner,based upon YOUR comfort ability. Training would happen in coordination with your schedule and with different role groups along the process, as beneficial in the scheme of deployment stage. Typical Implementation process 1 Perform data conversion, perform testing, set training and planning of deployment(1) 2. Configuring system as per your feedback on our Initial Set-up Questionnaire (1-2) 3. Train group of key end users (1) 4. Iron out any wrinkles per your thoughts and experience. (1-2) 5. Deploy Headquarters location(2) 6. Deploy the other two stores(generally a week or so after initial location) (2) *you will have an IT point person for the project but(numbers) indicate how many RITE personnel would be involved in each process. Implementation Approach 1) Sign and fax agreements and send payment. Sign your quote from RITE and send it back along with the deposit check. Payment instructions are outlined in the quote. 2)RITE will order product once payment is received. You will be notified when your product arrives at our offices. 3)Fill out the questionnaire,the support agreement, and credit card setup sheets and return them to RITE via fax: 320-230-1796. 4) If requested,RITE will schedule training sessions prior to the installation of your system. We will setup an evaluation version of the software on your personal computer on which we will do training. This database can also be used to start the setup of the store and can be migrated once the store opens. This training normally focuses on the setup of your store and may require multiple sessions. 5)The system will be installed at your place of business and additional training will take place.This training normally focuses on the setup of your store, use of the POS stations and Manager training. 6) In multi-store applications we typically deploy remaining stores within a couple of weeks but always take the counsel and feelings of our clients as our guide to pace of deployment. Training As per the implementation segment of this document—we involve users in training very early on this the process. We typically start with a key group of users at corporate and work with them to design a user guide specifically for their operation—. this may even include video training. We typically take a consultative and customized approach for training—we learn about your business and train based on the project objectives and policies you'll have in place. We typically"train the trainer"-we make an internal user an expert and they conduct training from there though we're happy to take any approach. The system has a very intuitive"live"help tool that walks you through the process you are immediately involved in, in a simple easy to understand manner. We also have user manuals for the software and video training in addition to providing you with in-person, one on one training of the system. We have many training documents, videos,and help guides that we provide to each of our customers. Above this, users get access to Microsoft's Customer Source website for custom reports, over 800 tech knowledge articles,and a forum where they can interact with other RMS users. We involve users in training very early on in the process. We typically start with a key group of users at corporate and work with them to design a user guide specifically for their operation—this may even include video training. We typically take a consultative and customized approach for training—we learn about your business and train based on the project objectives and policies you'll have in place. We typically"train the trainer"—we make an internal user an expert and they conduct training from there though we're happy to take any approach. We have user manuals for the software and video training in addition to providing you with in-person, one on one training of the system. We normally limit training to about 2 hours. Any more than that and it doesn't stick. This is why we have a follow-up session a short time after the system is put in place. Additional training sessions can be done via remote access where we log into your machine and see what you're seeing. It's like we're training right behind you and is a very effective way to conduct training.We are also happy to come on site for additional training at any time BUT travel time will consume support package time. How/who we train and when is 100%up to you. These are only suggestions based on what has worked well in the past. We understand that everyone's business is different and we're happy to oblige. Support can come in a variety of ways. We offer 24 hour support with an afterhours average response time of 15 minutes. Our support is MN based. Users can utilize email and phone for remote support but we also offer an on-site presence at customer preference. 4. Pricing We will be proposing a solution based upon Exhibit A,your information communicated in RFP, and one much like we have quoted and delivered to such Munis as BC Liquors, Wayzata Wine &Spirits, Northfield,Paynesville,Menahga,Top Valu, and others... This includes some add-ons that were demonstrated to you at our August meeting. For the purpose of clarity,they are listed as Optional. Initial software cost (1)Microsoft Retail Management System(HQ-3 stores)($3500) This includes unlimited back office/Manager programs installed. The license limits you only in terms of the number of stores. Microsoft's credit card processing and gift card software is also included in this price. (1)Microsoft Maintenance Plan for HQ ($630) This year long subscription gets you free software updates to RMS and admission to the Customer Source website where you'll find custom reports, over 800 tech knowledge articles, and a forum where you can interact with other RMS users. (10)Microsoft Retail Management System(RMS) ($1090 per license) One license is required for each Point of Sale terminal. Unlimited Back Office/Manager software is provided at no additional charge. (10)Microsoft Annual Support and Maintenance Plan($196.20 per license) This subscription provides software updates to RMS, access to Customer Source website where you'll find custom reports and technical knowledge articles. It also includes six(6)free support incidences directly from Microsoft. *Required in the initial year by Microsoft. Optional (3)Beer/Wine/Liquor Store Package ($495 per store) The B/W/L package is a bundle of features most popular in the beer, wine, and liquor industry. It includes Age Verification, the Open Discount tool, use of the template liquor store database, the Consolidated Z Report, the Keg Registration Program, and the Market Basket Report(when customer bought product A, what else did they buy). Open Discount offers the ability to create several types of discounts that are available at the touch of a button. (3)Express Customer Setup ($195 per store) This RMS add-on gives you the ability to use a driver's license to create new customers or assign existing customers to a transaction. This tool will input the customer's name, address, zip code,etc. into your customer database. (1) Supplier Integration HQ Edition($2500) Allows electronic importing of pricing files and invoices from Glazer, Griggs Cooper/Wirtz, Southern, and Standard-four of the largest suppliers in the beer/wine/liquor industry (willing to work with others as they allow us to (3)Profit Checker Software Tool($345 per store) This powerful tool allows you to set you desired profit margins in your various departments and categories—or for your individual items. Then as you receive product the system will alert you to any cost changes that have occurred. It will suggest a new rounded price to maintain your desired level of profitability...and it can even automatically print out a new shelf tag for you. This tool saves you tons of time pouring over your invoices trying to make price adjustments for all of your cost increases. It also saves the average store thousands of dollars in previously lost profits. (3)Automated Labeling($195 per store) This label printing software makes label printing a breeze and will save time and money. Automatically monitors your database for new products and price changes. When any of these events occur then RITE Label can be set to automatically print out price labels, shelf tags or signage. Automatically print sale signs and tags. Automatically print price tags or shelf labels for new product. TOTAL SOFTWARE COST FOR 3 STORES: $24,775.76(includes 6.875%tax) Implementation Initial Setup/Configuration, and Onsite Installation at 3 locations($5650) This includes initial setup/configuration of the system and installation.This includes pre-installation of all hardware and software,hardware burn in, installation of our Retail-ready version of Windows 7 and Microsoft SQL Database Server that has been optimized for the retail environment. The above does not include any network or electrical cable installation. Initial Staff training Training Videos(No Charge) Our free videos are great for pre training on the system,referencing down the road, or to have every new cashier hire watch as part of their employment at your store. 3 hours of onsite training on initial day of install (No Charge) Additional Costs (10)Epson TM2011 Receipt printer($229 per register) *Our experience has been that these have needed to be replaced in other ARS change outs we've done. (10)Hyperion 1300g Barcode Scanner($275 per register) *This item is optional and is NOT included in Implementation Total below. We have in SOME instances needed to replace TRS barcode scanners that had PS2 ports. (3)Mobile Manager Bundle($3250 per) This includes a software license for RITE SCAN, which is a tool to create and receive purchase orders, create and receive inventory transfers,perform physical inventory counts,print labels,manage item properties, and create quotes and work orders (which can be utilized for line busting). It includes an Intermec CK3R hand held computer with 1D scanner,basic charging cable and a commercial grade wireless access point(installed by RITE). *If your building is more than 5,000 sq. ft. multiple access points may be needed($225 per) Database conversion($800) We will provide Excel Templates for the items listed and convert the following data from your system: 1) Product information 2) Suppliers 4) Customers 5) Inventory levels will be re-imported the night prior to install TOTAL IMPLEMENTATION COST FOR 3 STORES: $19,761.19 (includes 6.875%tax) On-going Periodic Upgrades RMS had another Feature Pack recently released and in late 2014 a major upgrade will be available at no license charge to all users whom have kept current on the software maintenance. On-jzoing maintenance Microsoft Annual Support and Maintenance Plan($196.20 per license per year 2 and year 3) This provides software updates to RMS, access to Customer Source website where you'll find custom reports and technical knowledge articles. It also includes six (6) free support incidences directly from Microsoft. Required only in the initial year by Microsoft but please see"Periodic Upgrades"above. Microsoft Maintenance Plan for HQ($630 per year for year 2 and year 3) This year long subscription gets you free software updates to RMS and admission to the Customer Source website where you'll find custom reports, over 800 tech knowledge articles, and a forum where you can interact with other RMS users. On-going trainingandquestions We are very hospitable when it comes to supporting our customers. If you have a question and a RITE representative is available to answer it in a simple email or phone call, then they will do so with no support consumed. 50 Hour Support Package from RITE($4499) - Savings of$35 off of our hourly rate of$125 per hour. This package allows you to receive phone, email, or onsite support from RITE. These packages are also used for training, consulting, and light customization of RMS. Support is taken from package in 15 minute increments. TOTAL ON-GOING TRAINING and SUPPORT COST: $4808.31 (includes 6.875%tax) 101Page 5. Exhibit A Additional Information and Explanations #10-We could most likely get something done on that front depending on the level of necessity you have for this,cost benefit decision. # 11 -Touch "Journal", touch "Lookup", then select via easiest criteria deemed to find the receipt and then print receipt. #14- (Magnetic Stripe or Barcode) # 18 - (Mobile POS with scanner and swipe and/or Line Busting Handheld to recall transaction for sales at checkout) #20- (Always management controlled but we could help if desired at any time) #22-Numerous Button configuration options with various amounts of modifiable button counts. #23 - I would say that the keyboard is used by 100%of our customers but only 5% of the time if they are comfortable using a touchscreen. #27- Offline mode based upon a copy of the database from the point of time the till was last Z'd out. #28- See#27 #34 - (March Network DVR and Exacq DVR) #38 -Work Order or put a transaction on Hold for later recall (minutes, days, ...) Infinite pending sales. Can be as simple as putting transaction on hold and then "Recall" button to complete sale later. #39- If you are referring to reporting and other Office tools,then yes. We can also have POS come back to how you set it too. #42-We can do this but it can be an involved part of the ARS conversion process. #44-We have specifically designed an ARS conversion tool and we provide an Excel template to be populated via export that can be modified before we use it for conversion. It is laid out in an easy to use format that directs what data needs to be where and what data correlates with the terminology in ARS vs the terminology in RMS. Our techs will work with you to get the data best situated for import and use going forward. #47- System operates in real time. Purging is not concept of the system and is n/a. You can backup and move data at your convenience. #48 -Very interactive and"current task" intuitive. #49-Up to 1:30. Login requires User name and Password. #51 -There are 30 security levels customizable with various "tick" boxes of actions to allow or not. You can create unique security templates. #52-Can be created system wide or per location. #53 -We can create custom reports based upon Reason Codes which could show Discounts by cashier by code, or adjust of inventory by user by code. #54-Built in Cashier Log reports, and Sales reports filterable by cashier. You can also bring up sales reports by cashier on POS. #55 -By your invite only. Can be initiated on POS or Office and you can give us a list of approved "contactors". #56 -Very robust. #65 -Customer, Sales, Items, Quotes/Orders,Layaway, Miscellaneous, Custom, and Memorized reports. #67 -We can supply a simplistic report on this, as I am sure others can as well. True valuable forecasting is found in Enterprise grade systems from our experience. #72-You can have gift cards made with card numbers generated by system to be embedded in Stripe or Barcode. #78 -This is one of the many advantages our Support packages afford. If you would like to provide a list we can confirm what we already have and what others may take to create. #83 -Blank Order for manual entry, Items in selected group (All items, based upon a Filter,Dept, Cat, Suppliers,Primary suppliers),Reorder info,Date Sold #87 -Email,Application,File,Excel,Word, Internet Browser #88 -Upload supplier pricing files into RMS. Upload special deal pricing start and ends dates. Shows new costs and changes in profit margins. Populates by supplier item number and will alert user if file information conflicts with store information. Flags new supplier items or items which need to be updated/added to store database. Utilizes EDI, ASCII, Excel and XML formats (others per request). #90- Start a PO in "Quick Scan" mode and create/receive The Invoice simultaneously. Our PO was created for heads down quick entering of invoices if that is what a user lands on for purchasing process. #91 -This is something we promised as delivering in the mode you like to view it in as well. #94-Office. On POS a prompt can be enacted for Out of Stock message to cashier and you can block the sale of those items as well. #98 -Receive a PO on a handheld and options in the Back Office to receive items individually by confirming quantity, or Receive All. __. ..___.—----- _- ------ 12.1 Paage__ #99 -Within the Back Office create inventory count based upon Cat,Dept, or Bin Location. Wireless Handheld is also an option for counting. Our handheld is $2,850 and also does PO's,Item reports and modification,Label Printing,Creating orders, Inventory Transfers, and Line Busting. #101 -Most multi-store users create a transfer at HQ for all transfers(store to store, HQ to store, etc...) that is tracked from Approval at HQ,Pending, In Transit,Acknowledged and Filed at store. Store to store transfers are also an option. #102-Out of the box compatibility. #103 -No additional software fees or fees for the "right" to process. #106 - Somewhat dependent on hardware selected. #107 -See#106 #109-https://www.geisecuritystandards.or /g_approved companies providers/vpa agreement.php #112-Verifone MX860 is an example of supported hardware that meets these requirements. #113 -To achieve the stated goals of 113 to 118 we would suggest a separate option that takes card transactions and thus CHD away from the POS software altogether. In the case of this question, documentation would be produced by provider who handles the P2PE requirements and processing. #115 -Not when processing credit cards through the POS system which it sounds like you want to avoid anyway. #116-Definitely can be when using a solution that removes the CHD from the POS altogether. #118 -Out of the box, the software is SAQ-D bit there are many options for achieving higher SAQ status or avoiding the POS from having to qualify altogether. We suggest taking CHD away from the POS altogether. #124- Same as#38 above #125 -We offer Support packages in various blocks of hours and they are good for ANYTHING (support by phone, email, onsite,remote)with no surprise bills for "out of scope" work. *Custom software development of add-on apps is different from support. #126 -We test all updates before recommending. Major Feature packs have come out the past two years and the Microsoft roadmap for RMS is committed to being a leader in the POS segment. There is no software cost for updates when current on Microsoft Maintenance, deployment cost of updates is minimal and can come from Support package. #127 - 24 hours a day MN based support(regular offices hours are Mon-Fri 8:30am to 5:30pm,Tech always on call outside of those hours) #128 -50 hour=$4,499 25 hour=$2,399 10 hour=$999 5 hour=$549 (all support packages are good for up to 3 years). Can be used 24 hours a day. #129 -Through an integration #131 -Westside Liquor,BC Liquors,Happy Harry's,Top Valu, Northgate, O'Darby's,Team Liquor, etc... Contact info of references is provided on page 4 of this RFP. #132-This is something we promised as delivering in the mode you like to view it in so that you can maintain the process that works for you. #138 -Can be set all the way down to a minimum of 15 minutes. #144-No purging needed or required. After between 4-7 years you may want to move old data to another drive/site to free up space for new data, as with any Sever or Computer. # 145 -An invoice containing 1, 2, or all 3 stores can be opened at HQ. User can start in Quick Scan mode using only the number pad for one hand, "heads down"entering of invoice. We also have a Supplier Integration tool that allows for connecting to suppliers to download invoices and then import them as purchase orders into the store's database. With Microsoft Dynamics RMS Headquarters the Supplier Integration will automatically create Cost Change worksheets for each connected store as well. #146 -We do not suggest deleting items as you still want to have an item ties to reporting details. You can make items inactive so that they do not show up in lookups or in PO's and this can easily be done at either a global level from HQ or at the individual store level. #147 -As described in pages 6 and 7 of this RFP #148 -When changing out ARS users to Microsoft RMS, it has been our general experience that the majority of peripherals the user wanted to maintain could be re-utilized. The exception has been the Bixolon and Samsung receipt printers that TRS deployed. We have had varied success with driver stability when trying to re-use them. RMS can work with a variety of Batch Collectors. #149 -We can do 4 weeks from time of Proposal signing/Receipt of Deposit for your 3 stores #150-Training can happen anyway you wish and is up to you. We would suggest 3-5 hours of onsite training that would be included in your install price. Additional training could be completed remotely. It may be wise to set up a secondary onsite training a month after go-live to tackle some secondary items. #151 -Your Support package(we would recommend the 25 hour or higher)can be used as you wish and can definitely deal with post deployment training. #152 -There is a 526 page User Manual that you will receive in PDF form. # 154 -The Headquarters portion containing master item list would be housed on a server at corporate. Each store has an individual database for that store and can be housed on a back office computer or a POS tower if desired. In short, you need one Business Class Server for corporate. #155 -Here are some example specs of a server we would quote out in your case. 24GB of RAM, DUAL Intel Xeon E5-2403 Processor PERC H710P Raid Controller powering TWO 120GB solid state hard drives in a raid mirror configuration with a third 500GB drive to hold backup data. We would suggest SQL 2008R2 or SQL 2012 for the HQ Server. #156-Minimum of 10/100 POS machines should be hard wired. Our handheld solution works on a wireless network. #157-RMS runs on SQL Express but you can upgrade to Full SQL but for most of our customers the included Express version is ample . We would suggest SQL 2008R2 or SQL 2012 for the HQ Server. # 158 -We can force it to but have had somewhat varied results when doing so. #161 -(4) solely on Help Desk duties and others qualified for support assistance as well, including our CEO. Please refer to Organizational Chart on page 5. # 162 -RMS has had major feature packs released in each of the past two years and in late 2014 a major upgrade will be available at no license charge to all users whom have kept current on the software maintenance. As far as our Add-ons we are consistently adding functionality to them and upgrades to latest version have no license cost associated. More info is available on this question in#126. #163 -Windows 7 Professional or higher. Minimum of Pentium Dual core processor for POS stations, 2GB RAM, and 3 GHz speed. Most hardware is USB but Serial port for Customer Display Pole is preferred. Epson and Star printers are preferred as others such as Citizen, Samsung, and Bixolon have issues with Driver stability. #167 -Team Viewer. We have worked with many city IT depts in firewall settings and security within remote support. #168 - *3rd party hardware can take longer to work with, and trouble shoot,than the hardware we deploy on a regular basis and are familiar with. We also will leave warranty issues to your IT dept on any hardware not provided to you by us. #169-$1,290 per register($5,160) #170- $1,290 per register($2,580) #171 - $1,290 per register($5,160) #172 -No charge for that software. #173 -We can deploy Multi-user Remote Desktop for$150 per additional user, up to 3 extra users logged on. #174 -With a 25 hour support package or higher you would most likely have a positive support balance going into 2016. Support packages can be obtained any time before work is begun. #175 - Support Packages allow you to receive phone, email, or onsite support from RITE. These packages are also used for training, consulting, and light customization of RMS. No support work is out of scope of the package, you will not receive any surprise/additional bills for service. Packages are good for up to 3 years. #177 -Per POS Station. Back Office has no license cost and unlimited installation count. #178 - Support package or hourly. Both consumed/billed in 15 minute increments. Hourly is$125 per. Support packages offer you savings of between$15 per hour to $34 per hour depending on package size. 50 hour=$4,499 25 hour=$2,399 10 hour=$999 5 hour=$549 (all support packages are good for up to 3 years). Can be used 24 hours a day. *After regular office hours, support is consumed at 1.5 times. 161 Page Commercial Software Modifications Project Proposal November 7, 2014 Author: Rick Feulin Client: City of Apple Valley Software Product: Microsoft Dynamics RMS 2.0 Retail Information Technology Enterprises (RITE) http://www.rite.us t a; ik J 5 "ww"vNi ' Tabie of Contents Tableof Contents..........................................................................................................................................2 Overview.......................................................................................................................................................3 Terms& Definitions......................................................................................................................................4 Deliverables& Exclusions .............................................................................................................................5 ProjectBreakdown........................................................................................................................................6 Quote............................................................................................................. Error! Bookmark not defined. Timeline.........................................................................................................................................................7 Rush Development......................................................................................... Error! Bookmark not defined. Custom Software, Bugs& Beta Testing........................................................................................................8 Authorization ................................................................................................................................................9 Page 2 of 9 Approval Initials Overview This quote was created to give a rough idea of cost for the outlined modifications to the software, and create basic but clear expectations of what changes will be made to our existing application. The changes that are to follow are either custom requests for specific changes to the above commercial application; or compensation to "fast track" changes that were previously scheduled to be made at a later date. The final product will be no less stable than the original product, and will be held to the same rigorous standards that all of our work is held to. .. . .,v. �. n .. s vL ,r µ Apm 4 Page 3 of 9 Approval Initials Terms fi iti n RITE,we, us RITE Enterprises, Inc The Application,The Software The final software product described by this document. The Company,The Client The client this proposal has been created for;the ultimate end-user of the application. Cashier, Manager or User The employee(s) of the company that will be using the final software application. Microsoft RMS Microsoft Dynamics Retail Management Systems v 2.0.2007 Page 4 of 9 Approval Initials Deliverables & Exclusions • This quote includes: o Changes to the above named application as outlined below. o A single license for the use of the RITE Application Framework for each installed instance of the application. • This quote does not include source code, copyrights,or rights to redistribute the application outside your organization. • This is a quote only for work to be done and/or changes to be made to an existing RITE application. It does not contain any applicable licensing fees for the application. Licenses will need to be purchased based on the Program's existing license model. • The application will be developed to be compatible with Microsoft Dynamics Retail Management System v 2.0.2007. Compatibility with Microsoft POS will be made available as we see fit during normal product maintenance. • This application will be built to work with all versions Microsoft Windows 7 Pro, Windows 8 Pro, Windows Server 2008, and Windows Server 2012. Although you may be able to use this application on an older(or newer)version of Windows, it will not be supported. • Unless otherwise noted,the application be optimize run on a computer meeting or exceeding the following system requirements: o Pentium Core2Duo (or higher) processor(Passmark score of at least 1876) 0 2048 MB(or greater)°RAM o A LAN database connection (consistent 1ms latency from client to server with throughput of 100 megs per second) • Unless otherwise noted,this application will be built assuming the user will be logged in as a user with administrative privileges. • This quote covers the actual time spent by RITE to develop,test and debug the application. This quote assumes other costs,for example,the cost for the security assessment/penetration testing being done by Apple Valley would be paid for by Apple Valley and are not included in the cost of this proposal. • This quote will be subject to the laws of Minnesota. Page 5 of 9 Approval Initials Overview This project will be a custom application built to integrate the PAX MT30 payment terminals with Microsoft Dynamics RMS. This will enable payments to be processed through these terminals and have that workflow seamlessly flow through the RMS system. The primary objective of this project is to elevate the security of Microsoft RMS. This customization will accomplish only part of this goal, other adjustments to Apple Valley's network will need to be made and oversight from certified QSA professional is strongly recommended in order to verify that all needs are met. Project Breakdown • Credit Card Processing Integration with PAX o When the user goes to process credit card tender type in RMS they will be prompted to have the customer finalize the transaction on the payment terminal at which point the PAX terminal will prompt the customer with the amount and to sign for the transaction o Other notes • At POS startup the system will initialize the payment terminal to verify that it is operational. If it cannot be found on the network the user will see a connection error. ■ As a single POS is linked to a single terminal,voids will have to be done on the same terminal as where they were originally run AND can only be run during the same credit card processing batch (same day typically). A void means that the transaction has been canceled in its entirety. • Closing the Credit Card Batch o At the end of each night cashiers will need to go through a simple process to settle the credit cards in the batch. This will need to be done on each processing terminal. At this point if there are any errors the cashier will be notified. • Reporting o The user will be provided with detailed reporting for the total dollars spent broken down by Visa, Master Card, Discover, American Express, and "Other" • Testing and Client Interaction o Testing application for bugs and scalability. o Interaction with the client to install, configure and train them in the use of the software Page 6 of 9 Approval Initials Project Cost This project will take an estimated total of 300+hours, at a cost of$10,000(maintenance of$10 per month per terminal is outside of software development costs). The number of hours does not represent our standard hourly rate,we have provided a significant discount to Apple Valley on the basis that we will have the ability to resell this application to others,we will wholly retain all source code,wholly retain all intellectual property rights to the application, and that Apple Valley will be willing to share formal approvals and document provided by their QSA/security firms as they vet the solution for our future use with other clients. Monthly fees will cover continued use of the application, any updates required to this application to keep it compatible with RMS as well as any patches deemed required for security reasons. Any additions or modifications to the work defined in this estimate once accepted, must be submitted in writing and will cause the estimated hours above to no longer apply. In this case we will continue to bill hourly at the rate defined above. Provided this estimate is accepted,we will begin work based on the following timeline. To get started on the project as defined, we require this document to be signed, initialed and sent to us indicating authorization to begin development. We also require payment of the proposed $10,000 to begin (as it is a significantly discounting rate).,All billing will be done electronically via the email address you specify in the following pages. 1 elf e a x If this quote is accepted on or before 10/31/2014 development will commence at this time and the first version will be ready for testing by January 15th, 2015 (considering development time and other projects in process at RITE). Beta testing by the client will last roughly two weeks where the end user will be required submit any issues that may not have been found during development and initial testing. If this quotation is accepted after the opening date listed above, a new development start date will need to be scheduled. Delays in providing payment, signed documentation, or other materials required for the application may affect the date we can provide you with the initial version of the software. Page 7 of 9 Approval Initials Custom Software, Bugs & Beta Testing This quote is for a new changes and functionality to an existing RITE Application. These changes have not been tested outside of RITE. When running this application for the first time, it is probable you will encounter problems. Bugs are defined as problems with the application's logic that result in problematic circumstances, unhandled exceptions or application crashes. RITE bug fixes include any bug, as defined above, or any missing portion of the application as defined by this quote. Only issues with the application will be addressed,this does not include changes or defects in any third party products that this software may interact with for example,the Windows Operating System,virus scanning applications uses on the machines, etc. We take great strides to ensure our software is of very high quality and works great with the first iteration, but ultimately there are new factors that are introduced when deploying in a client's environment and thus we expect the client to do significant testing with the releases of the application, and making us aware of any bugs or questions you that may arise along the way. The client must perform user acceptance testing and confirm that the application is fit for use prior to deploying to a production environment. Page 8 of 9 Approval Initials Authorization am hereby authorized (your name) by to make agreements (company name) in its name and agree to the terms stated above. Signed: Date: Address: Title: Address: Email: I City: hrane# State: Zip Code: Upon approval please initial each page then sign and send ALL pages of this document to: RITE—Accounting Dept 10012 nd Street S STE 100 Sartell MN 56377 We value the opportunity to partner with you,thank you for your business! NOTICE: RITE is not responsible for any typographical errors. This quote may not include any applicable taxes,tariffs,or shipping costs—if any of these are required they will be added. Page 9 of 9 Approval Initials *as 0000 . 00000 i0f00. City of Appie Vallev MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: George Dorn, Building Official DATE: November 25,2014 SUBJECT: CONTRACT ELECTRICAL INSPECTIONS 2015-2017, CITY PROJECT 2015-110 Attached for your consideration is a Professional Services Agreement with Midwest Electrical Technologies, Inc. (MET) for electrical inspection services. In October of this year, staff solicited proposals from three qualified entities, and selected MET as the most suitable choice for the City. In 2010, the City of Apple Valley assumed responsibility for administering local electrical inspection services from the State of Minnesota. Bringing electrical permits to the local level has benefited Apple Valley with improved customer service, a consistent electrical inspection process, and a shortened turnaround time for permit applications. Electrical inspection records are now maintained at the City level instead of the State. Feedback from the general public has been very positive. The proposed Professional Agreement requires that MET provide electrical inspections and guidance for permit holders. MET would provide their own vehicle, maintain insurance coverage, and workers compensation insurance. The City of Apple Valley would perform the administrative functions of issuing electrical permits,providing correction notices, and maintaining permit records. The proposed agreement would be in effect from January 1, 2015 through December 31,2017. Recommended Action: Approve Professional Services Agreement with Midwest Electrical Technologies, Inc., for Contract Electrical Inspections 2015-2017, City Project 2015-110. GD:cg Attachment c: Todd Blomstrom PROFESSIONAL SERVICES AGREEMENT FOR INSPECTION OF ELECTRICAL INSTALLATIONS THIS AGREEMENT is made by and between the City of Apple Valley, a Minnesota municipal corporation ("City") and MIDWEST ELECTRICAL TECHNOLOGIES, Inc., a Minnesota corporation ("MET"), to set forth the terms and conditions pursuant to which MET may, from time to time, provide City with professional services (the "Services") consisting of inspection of electrical installations within the City of Apple Valley (each individually a "Proj ect"). The contract documents that comprise the entire agreement between City and MET concerning the Services consist of this Agreement, the Work Orders, insurance policies, change orders, and additional documents specific to the particular Project, as listed in the Work Orders, and together they set forth the terms and conditions under which MET will provide City with the Services described therein. In consideration of the mutual covenants and agreements herein contained, City and MET hereby agree as follows: 1. Responsibilities of MET. 1.1 Services. City may, in its sole discretion, from time to time request MET to perform professional services pursuant to the terms of this Agreement. City will authorize such Services by executing a Work Order specifying the Project and the date for completion of the Services. Upon receipt of a signed Work Order, MET shall perform the Services pursuant to the terms of the Work Order and this Agreement. City may order changes to the Work Order consisting of additions, deletions or other revisions, which shall be authorized by written Change Order. If MET is unwilling or unable to perform the requested Services, MET shall promptly notify City's representative who authorized the Services. City's representatives with individual authority to execute Work Orders and Change Orders are the Building Official and the Public Works Director for the City of Apple Valley. MET's professional services under this Agreement shall consist of: 1.1.1 Receive and schedule all inspection requests from permit holders; 1.1.2 Perform all electrical inspections and all inspections shall be performed at the date and time scheduled with the permit holder, but in no case shall an inspection be performed later than 48 hours from the time the inspection was requested; 1.1.3 Perform all electrical inspections for compliance with the applicable version of the Minnesota State Electrical Code and related laws,rules and City ordinances; 1.1.4 Complete any electrical plan review for commercial projects as assigned by the Building Official at a fixed rate of$80 per hour; 1.1.5 Prepare inspection reports and submit the inspection reports on a monthly basis to the Inspections Division by hand delivery, email or fax detailing all electrical inspections approved and not-approved as directed by the Building Official; 1.1.6 Ability to submit semi-monthly invoices to the City for completed final approved electrical permits on the 15th and last day of each month; 1.1.7 Issue inspection approval stickers as appropriate; 1.1.8 Issue correction notices, as needed, and perform follow-up inspections as needed to obtain compliance; 1.1.9 Maintain inspection records by entry of each inspection results into the City's electronic record keeping system (LOGIS PIMS) within two (2) business days of the electrical inspection using a computer provided by MET; and 1.1.10 Provide to the city all criminal background check authorization forms for all employees and city-approved subcontractors performing electrical inspections on behalf of MET. 1.2 Performance Standards. MET shall provide its Services in a professional manner that is consistent with the degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. MET shall comply with all applicable laws, regulations and ordinances and with inspection procedures established by the City. 1.3 Qualifications of Electrical Inspectors. MET represents and warrants to City that every person performing Services under this Agreement shall meet the following qualifications: pursuant to Minn. Stat. § 32613.36, Subd. 6, each electrical inspector shall be a licensed master or journeyman electrician under Minn. Stat. § 32613.33, Subd. 1, paragraph (1), or Subd. 2, paragraph (b), and shall not otherwise engage or be employed in the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes and shall have no financial interest in any concern engaged in any such business. 1.4 Time for Performance of Services. MET shall perform the Services in each Work Order in the sequence and time specified in the Work Order and as otherwise required by the progress and nature of the Project. An electrical inspector employed by MET shall be available to respond by telephone and email to permit applicants between 7:00 a.m. and 8:30 a.m., Monday through Friday, and perform the Services as needed between 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding days on which the Apple Valley Municipal Center is closed ("Holidays"). Generally, the Services shall be completed within forty-eight (48) hours after receipt of a Work Order, excluding weekends and Holidays. The City will distribute to all permit holders requiring electrical inspections the telephone number and email address for MET which shall be the primary form of contact between MET and permit holders. MET shall respond to email inquiries within a maximum of two (2)business days. 2 1.5 Coordination. MET shall coordinate its Services with the services provided by others relative to the Project. 1.6 Failure to Pass Inspection. If any Project does not pass inspection, MET shall notify the contractor, the property owner and the City of the specific findings of the inspection on the date of such inspection, and perform follow-up inspections as needed to obtain compliance. 1.7 Reporting. MET shall prepare and submit to the appropriate authorities any and all documents and information required by the City or by City ordinance, state law or federal law. 1.8 Ownership of Work Product. The work product of MET's Services pursuant to this Agreement, including all documents and information, shall be the property of City. Notwithstanding any provision in this Agreement to the contrary, the City shall not be obligated to pay MET for any Services under this Agreement until MET delivers all related inspection records and documents to the City. 1.9 Agreement Not Exclusive. This Agreement shall not preclude the City from engaging any other person or entity to perform inspection of electrical installations, nor shall this Agreement preclude MET from providing similar or related services for any other entity. However, the particular service MET performs for the City shall be for the exclusive benefit of the City and not for the benefit of any other entity. 1.10 No Office Provided. MET will supply its own office facility, if one is needed. 2. Indemnification and Insurance. 2.1 Indemnification. MET shall indemnify, defend and hold City harmless from and against all liabilities, claims, damages, losses and expense, including reasonable attorneys' fees, arising out of or resulting from the performance of the Services. 2.2 Insurance. MET shall keep and maintain the following insurance coverages: 2.2.1 Workers Compensation Insurance. MET shall maintain workers' compensation insurance limits required by law. 2.2.2 General Liability Insurance. MET shall maintain general liability insurance with coverage to include: Premises/Operations, Completed Operations and Contractual Liability (to cover the indemnification provision in paragraph 2.1 of this Agreement). Limits of coverage shall not be less than: General Liability: Bodily Injury $1,000,000 each occurrence $1,000,000 completed operations Property Damage $100,000 OR Combined Single Limit $1,000,000 each occurrence $2,000,000 aggregate 3 2.2.3 Automobile Insurance. MET shall maintain automobile liability insurance to include all owned autos (private passenger and other than private passenger), hired and non- owned vehicles. Limits of coverage shall not be less than: Automobile Liability: Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence $200,000 aggregate OR Combined Single Limit$500,000 2.2.4 Errors and Omissions. MET shall maintain errors and omissions/professional liability insurance. The limit of coverage shall not be less than$1,000,000. 2.2.5 Umbrella Insurance. MET shall maintain umbrella/excess limits insurance in an amount not less than$1,000,000. 2.3 Evidence of Insurance. The above insurance shall be maintained in companies lawfully authorized to do business in Minnesota and which are reasonably acceptable to City. The City shall be listed as an additional insured on the insurance policies, excluding the workers' compensation insurance policy. MET shall furnish City with certificates reflecting such insurance (ACORD form or equivalent) to be in force as long as this agreement remains in effect and providing that said insurance will not be canceled or materially changed without prior written notice to City. 2.4 Health and Safety. MET will take all necessary precautions to meet all legal requirements for the health and safety of all its employees on the Project and all other persons who may be affected by the Services. This requirement will apply continuously and is not limited to normal working hours. 3. Responsibilities of City. 3.1 Compensation. City will pay compensation to MET for the Services set forth in each Work Order, together with any adjustments set forth in written Change Orders, after the Project passes final electrical inspection. The amount of compensation shall be equal to seventy percent (70%) of the corresponding electrical permit fees, excluding any City administrative fees and state surcharges. MET shall submit itemized invoices not more than two (2) times per month, listing the Work Order numbers and the corresponding date(s) that each Project passed final electrical inspection. City shall make payment to MET within twenty (20) days after receipt of each invoice. MET shall be responsible for all other expenses, including, but not limited to, transportation, materials, equipment, labor and insurance costs and tax obligations. 3.2 Administration. The City shall perform the following administrative functions in connection with the Services, at the City's cost: 4 3.2.1 Issuance of electrical permits; 3.2.2 Document receipt of order for payments; 3.2.3 Provide inspection approval stickers; 3.2.4 Assist in enforcement of correction notices; 3.2.5 Maintain the City's official inspection records. 4. Miscellaneous. 4.1 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding of the parties relating to the provision of the Services by MET to City and shall be incorporated in all Work Orders unless otherwise so stated therein. This Agreement may be amended only by a written instrument signed by both parties. 4.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any action to enforce this Agreement shall be venued in Minnesota District Court in Dakota County, Minnesota. 4.3 Assignment Prohibited. This Agreement may not be assigned by MET or City without the prior written consent of the other party. No work under this Agreement may be subcontracted by MET without prior written permission from the City of Apple Valley. 4.4 Subcontracting Prohibited. MET may not subcontract with any person or entity for performance of any Services under this Agreement. 4.5 Term. The term of this Agreement shall commence on the date of execution of this Agreement and shall expire on December 31, 2017. 4.6 Termination. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail to perform in accordance with the terms hereof, provided such failure is not cured within such seven (7) day period. City may terminate this Agreement for convenience at any time, in which event MET shall be compensated in accordance with the terms hereof for Services performed and reimbursable expenses incurred prior to its receipt of written notice of termination from City. 4.7 Force Majeure. Neither party shall be liable for damages or deemed in default of this Agreement and any Work Order hereunder to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock-outs, and changes in laws, statutes, regulations, or ordinances. 5 4.8 Audit. Under Minn. Stat. §§ 6.551 and 16C.05, subd. 5, MET's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the City, Legislative Auditor, and/or State Auditor, as appropriate, for a minimum of six years from the end of this Agreement. MET shall maintain its books, records and documents for at least six(6)years. 4.9 Severability. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. IN WITNESS WHEREOF, City and MET have caused this Agreement to be duly executed. MIDWEST ELECTRICAL TECHNOLOGIES, Inc. _1of By: Michael J. Ha e Date Its: '7f(,/f-4 CITY OF APPLE VALLEY By: Mary Hamann-Roland Date Its: Mayor By: Pamela J. Gackstetter Date Its: City Clerk 6 00 4 V. 006 0*9 City of Apple Valley MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Colin G. Manson, City Engineer DATE: November 13, 2014 SUBJECT: FINAL PAYMENT AND PROJECT FUNDING SOURCES FOR CITY PROJECT 2014-131, 2014 MICRO SURFACING Attached, please find the second and final payment for City Project 2014-131, 2014 Micro Surfacing. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the City of Apple Valley. The final payment of $6,077.13 will close the contract with ASTECH Corp. and results in a total construction cost of $607,713.41; 8.4%under the revised contract amount. Final cost breakdown and funding for the project is summarized below. Proiect Cost: As Awarded Final Construction Cost $ 664,000.00 $ 607,713.41 Construction Contingency $ 20,000.00 $ 0.00 Engineering Design/Inspection $ 20,000.00 $ 20,837.54 Total Estimated Cost $ 704,000.00 $ 628,550.95 Proiect Funding: Road Improvement Fund $ 704,000.00 $ 628,550.95 Total Estimated Funding $ 704,000.00 $ 628,550.95 Total project expenses fall within the preliminary project estimate of$704,000. Recommended Action: Approve Acceptance and Final Payment on Contract with ASTECH Corp. for City Project 2014- 131, 2014 Micro Surfacing, in the Amount of$6,077.13 for a Contract Total of$607,713.41. CGM:cg Attachments c: Todd Blomstrom PAYMENT VOUCHER NO.2&-FINAL 2014 MICRO SURFACING CITY PROJECT NO.2014,-131 For Period Ending:9-12-2014 Through 10-1-2014 OWNER: CONTRACTOR: City of Apple Valley Contractor NameAsphalt Surface Technologies 7100 147th Street West Contractor Address PO Box 1025 Apple Valley, MN 55124 City, State,Zip St.Cloud, MN 56302 Telephone No. Amount of Contract: $663,714.70 Total Amount $663,714.70 Contract Value Less Amount of Work 0 Less Net Account Per Resolution Certified Percent Previous Amount Number No.2014-62 To Date Retained Payments Due Street 2027.6810.20141318 $663.714.70 $607,713.41 0.00 $601.636.25 $6,077.13 Subtotal $663,714.70 $607,713.41 $0.00 $601,636.28 $6,077.13 Total $663,714.70 $607,713.41 $0.00 $601,636.28 $6,077.13 Date: t!'/-/ — —. City Engineer Bate: 16,97- / lid Pu is Works irector' •;•s* Owner:City ofApple Valley,7100 W.147th St.,Apple Valley,MN 55124 Date: Octobea 16 2014 mom Apple For Period: SeTtember 12,2014 to October 1,2014 R nest No; 2&Final Valley Contractor As halt Surface Technologies Corp.P.O Box 1025 St.Cloud,MN 56302 CONTRACTOR'S REQUEST FOR PAYMENT 2014 Micro Surfacing 2014-131 SUMMARY 1 Original Contract Amount $ 663,714.70 2 Change Order-Addition $ 0.00 3 Change Order-Deduction $ 0.00 4 Revised Contract Amount $ 663,714.70 5 Value Completed to Date S 607,713.41 6 Material on Hand $ 0.00 7 Amount Earned $ 607,713.41 8 Less Retainage 010 $ 0.00 9 Subtotal $ 607,713.41 10 Less Amount Paid Previously $ 601,636.28 11 Liquidated damages $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT 2&Final $ Approved by Contractor: Approved by Owner. ASTECH CORPORATIO]q CITY OF APPLE VALLEY —M j Mary L. Pop , Vice–Pr 'dent October 17, , 14 Date Mary Hamann-Roland,Mayor Approved By Public Works: Date CITY OF A�PPLE'VAL3LEY Attest:Pamela J.Gackste ter,City Clerk nate 2014.131 R04=d(Or P&PIWO 2 A F .f Costrset Unit Previous Current Quantity Amount No. Item Unit Quantity Prk* Quantity Quantity tabste to Date 1 MOBILIZATION LS I 560,000.00 0.00 1.00 1.00 560,000.00 2 TRAFFICCONTROL LS I 538,000.00 0.00 IAO 1.00 $35,000.00 3 REMOVE PAVEMENT MARKINGS-4`LINES LF 141.85 $0.60 0.00 13,725.00 13,728.00 ss,236.s0 4 REMOVE PAVEMENT MARKINGS-I2'LINES LF 595 S1,80 0.00 205.00 205.00 T369.0D 5 REMOVE PAVEMENT MARKINGS-24"LINES LF 365 $3.50 0.00 308:00 34&.00 $7,073,00 6 REMOVE ZEBRA CROSSWALK SF 285 $1.75 0.00 205.00 205.00 S359.75 REMOVE PAVEMENT MESSAGE-LEFT ARROW AND 7 RIGHT ARROW-LEFTTHROUGH ARROW EA 33 $60.00 0.00 30.00 3000 SI,moo 5 INSTALL MH ADI RING,NEENAH P-2979 SERIFS EA 6 $700.00 oho 3.00 3.00 52„100.00 9 BITUMINOUS MATERIAL POP MICRO-SURFACING GAL 66000 $3.55 0.00 57,650,00 57,650.00 $204,657.50 MIRCO-SURFACING SURFACE COURSE(MNDOT TYPE 2 10 AGGREGATE MODIFMD) IN 1980 5755.00 0.00 1,826.82 1.526.82 5283,157.10 1I 4`BROKEN LINE,WHITE LATEX LF 1060 50.22 O.DO 96(100 950.00 S21120 12 4"SOLID LINE,WRITE LATEX LF 7365 $0.22 0.00 7,867.00 7,867.00 $1,730.74 13 4"DOUBLE SOLID LINE,YELLOW LATEX LF 2580 SOA4 0.00 2,823.00 2,923.00 51,24212 14: 1YSOLMLW,,WRITE LATEX LF 595 SI.65 0.00 1,152.00 1,15200 5r,voo.9D 15 24-SOLID LINE,WHITE LATEX LF 395 5260 0.00 23$.00 235.00 $611,DD 16 24"SOLH)LINE,YELLOW LATEX LF 170 $2:60 0.00. 129.00 729.00 $335.40 17 PAVEMENT MESSAGE-RIGHT.ARROW-WHITE LATEX EA 10 $55.00 0.00 6.00 COO S330,00 IS PAVEMENT MESSAGE-LEFT ARROW-WHITE LATEX EA 21 $55.00 0.00 21,00 21.00 $1,155.00 PAVEMENT MESSAGE-LEFT THROUGH ARROW. 19 WHITE LATEX EA 2 $110.00 0.001 4.01)l 4.001 smool TOTAL 566171723.41 2024.01 Request fm Paymem 2 6 mum PROJECT PAYMENT STATUS OWNER: CITY OF APPLE VALLEY CONTRACTOR: ASTECH CORPORATION CHANGE GIRDERS No. Date Description Amount Total Chan a Orders PAYMENT SUMMARY No. From To Emma Retainage Completed 1 08/01/14 09/11/14 $601,636.28 $6,077.13 $607713.41 2&Final 1 09/12/14 10/01/14 $6 077.13 $607,713,41 Material on Hand Total Payment to Date' $607,713.41 Original Contract $663,714. Retainage Pay No. 2&Final Chane Orders Total Arnount Earned $607,713.41 Revised Contract $603,714.70 2014-131 Requt for Payment 2&Finaiids x}. V. 2 000 City of Apple Valley MEMO Fire Department TO: Mayor,City Council, and City Administrator FROM: Nealon P. Thompson, Fire Chief DATE: November 6, 2014 SUBJECT: AUTHORIZATION FOR ACCEPTANCE AND FINAL PAYMENT, FIRE STATION 1 EXTERIOR TRIM AND APPARATUS BAY PAINTING. On September 11, 2014, the City Council approved an agreement with ProTect Painters of Minneapolis for exterior trim and apparatus bay painting of Fire Station 1 in the amount of $30,350.00. All specified work was completed October 25, 2014. During the project four items were damaged by the painters, two garage door openers and two exterior light fixtures. The cost, $1,659.00, of repairing those items damaged has been deducted from the final invoice. With all work completed and found to be acceptable, we recommend final payment in the amount of the final invoice, $28,691.00. The Firefighters of the Apple Valley Fire Department want to thank you for your continued support and for providing us with well cared for facilities. Recommended Action: Approve acceptance and final payment of agreement with ProTect Painters of Minneapolis for exterior trim and apparatus bay painting of Fire Station 1 in the amount of$28,691.00 Attachment: ProTect Painters final invoice reference#5182-36820. CITY OF APPLE VALLEY;MINNESOTA APPLICATION FOR PAYMENT DATE: rr r FOR PERIOD: PROJECT: ie fl--i'r'� ,ar� l From To CONTRACTOR: r"�y i p REQUEST'FOR PAYMENT ADDRESS: !X4 Z a r-'ora'--A 14 tL-LS %.t!_ SUMMARY: 1. Original ContractAlnount 2. Change Order-ADDITION $ �` 3. Change Order-DEDUCTION $ Ice Gw 4. Revised Contract Amount gag, + 1 5, Total Completed and Stored to Date `ix 6. Less Retainage % 7, Total Earned Less Retainage $ 8. Less Amount Paid Previousk $ 9. AMOUNT DUE THIS CURRENT REQUEST $ &9/ The undersigned Contractor certifies that to the best of his knowledge, informationand belief, the work covered by this application for payment has been comp€e-ted in accordance with the contract documents,that all amounts have been paid by him for work for which previous payments were received fro~n the City and that current payment shown herein is now due. Contractor: /; r rr. > By. a Recommended for Payment By. -Zs.J I _ ATT ACH iTEMIZED INVOICE Title: Date: INVOICE Reference:5182-36820 Sales Rep:Edward Crandall 404PAINTERS 4237 Linden Hills Blvd Minneapolis,MN 55410 Tel:612.860.5417 1 Fax:855.256.7048 Customer Job Location Bill To Apple Valley Firestation Applevalley Fire Station#1 7100 147th Street W. Apple Valley,MN 55124 Products&Services Qty Price Interior Commercial 1.0 $30,350.00 Change Orders Qty Price Credit for damage done during the project totaling$1659.00 Invoices have been provided and verified. 1.0 ($1,659.00) Payment History Date Amount Method Payment Memo Products&Services: $30,350.00 Change Orders: ($1,659:00), Sub Total: $28,691.00 Taxes: $0.00 Total: $28,691.00 Amount Paid: $0.00 Amount Due: $28,691,00 ••0 .�s. .e 1 ITEM: `'�', City of Apple COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent Agenda ITEM DESCRIPTION: Approve Memorandum of Agreement with LELS Local No. 243 establishing the 2015 City maximum monthly contribution toward health/dental/life insurance for Police Sergeants. STAFF CONTACT: L DEPARTMENT/DIVISION: Melissa Haas, Human Resources Manager Administration/Human Resources Action Requested Approve Memorandum of Agreement with LELS Local No. 243 establishing the 2015 City maximum monthly contribution toward health/dental/life insurance for Police Sergeants. Summary Staff and LELS Local No. 243 representatives have reached a tentative agreement establishing the following maximum monthly contribution for Police Sergeants in 2015: • $910 per month for employees enrolled in a copay health plan (+$10 from 2014) • $1120 per month for employees enrolled in a deductible health plan (+$50 from 2014) • Additional $80 per month contribution to the HRA or HSA of participants in a deductible health plan (no change from 2014) This is the same 2015 contribution as has been approved by the City Council for non-bargained employees, elected officials, and LELS Local No. 71 representing Police Officers. Background In November 2013, the City of Apple Valley and LELS Local No. 243 reached a labor contract agreement for 2014-2015. The City contribution toward employee insurance for 2015 was left as a re-opener in that agreement. Staff has recently met with LELS Local No. 243 representatives in collective bargaining and reached a tentative agreement for the City to provide the maximum monthly contribution stated above. The agreement provides for the same 2015 contribution as has been approved by the City Council for non-bargained employees, elected officials, and LELS Local No. 71 representing Police Officers. Staff recommends approving the Memorandum of Agreement with LELS Local No. 243 for 2015 City insurance contribution. Budget Impact This amount is consistent with the 2015 budget as currently proposed. Attachment(s) Memorandum of Agreement for 2015 Insurance Contribution MEMORANDUM OF AGREEMENT 2015 Insurance Contribution This Memorandum of Agreement is made by and between the City of Apple Valley ("the Employer") and LELS Local No. 243, ("the Union"). WHEREAS, the Employer and the Union have entered into a collective bargaining agreement effective 1/1/14 through 12/31/15; and WHEREAS, the 2014-2015 collective bargaining agreement between the Employer and the Union contained a contract re-opener relative to the City's contribution toward group insurance; NOW, THEREFORE, the parties hereby agree as follows: 1. The Employer will contribute up to a maximum of$910 per month per Employee in 2015 toward the cost of Employer selected group health, life, and dental insurance for full-time Employees enrolled in a Copay Health Plan. The Employer will contribute up to a maximum of$1120 per month per Employee in 2015 toward the cost of Employer selected group health, life, and dental insurance for full-time Employees enrolled in a High Deductible Health Plan. Employees enrolled in a High Deductible Health Plan in 2015 will receive an additional $80 per month contribution to the Employee's HRA or HSA. This incentive is above and in addition to the regular Employer Contribution amount. The additional $80 per month contribution to the HRA or HSA shall expire on December 31, 2015. An Employee may request either thirty dollars ($30) or sixty dollars ($60) per month, of the excess contribution toward Employee insurance be deposited into the Employee's deferred compensation account or be paid directly to the Employee monthly. 2. All other provisions related to insurance shall continue pursuant to the Collective Bargaining Agreement and applicable Memorandum of Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the thirteenth (13th) day of November, 2014. FOR LELS: FOR THE CITY OF APPLE VALLEY: Mark Deming Mary Hamann-Roland Representative, LELS Local No. 243 Mayor James Gummert Pamela J. Gackstetter Representative, LELS Local No. 243 City Clerk Adam Burnside, Business Agent M. Thomas Lawell Business Agent, Law Enforcement Labor Services City Administrator Melissa Haas Human Resources Manager 4-.X PERSONNEL REPORT City of Apple Valley November 13, 2014 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Part-Time, Rose Bullers Hire Liquor Clerk Regular 5020 $ 10.56 Hourly L-1 11/9/2014 Recreation Facility Julia Baldwin Hire Attendant Seasonal 5205 $ 8.06 Hourly A 11/14/2014 Recreation Facility Alyssa Hiedeman Rehire Attendant Seasonal 1800 $ 8.67 Hourly A 11/26/2014 Recreation Facility Kristine Hiedeman Rehire Attendant Seasonal 1800 $ 9.08 Hourly A 11/26/2014 Recreation Facility Drew Hoeschen Rehire Attendant Seasonal 1800 $ 8.36 Hourly A 11/26/2014 Hannah Johnson Hire Skating Instructor I Seasonal 5205 $ 13.00 Hourly A 11/14/2014 Recreation Facility Colton Johnson Taylor Rehire Attendant Seasonal 5205 $ 8.67 Hourly A 11/14/2014 Recreation Facility Matthew Kratz Rehire Attendant Seasonal 1800 $ 8.67 Hourly A 11/26/2014 Elise Lanigan Hire Skating Instructor I Seasonal 5205 $ 10.00 Hourly H 10/25/2014 Recreation Facility Emily Lemke Rehire Attendant Seasonal 1800 $ 9.08 Hourly A 11/26/2014 Recreation Facility Brianna Lindstrom Rehire Attendant Seasonal 1800 $ 8.36 Hourly A 11/26/2014 Kiara Martilla Hire Skating Instructor I Seasonal 5205 $ 11.00 Hourly H 10/25/2014 Recreation Facility Kollin Michels Rehire Attendant Seasonal 1800 $ 9.08 Hourly A 11/26/2014 Elizabeth Penny Hire Skating Instructor I Seasonal 5205 $ 12.00 Hourly H 11/14/2014 Accept Part-Time, Eric Reece Resignation Lead Liquor Clerk Regular 5020 11/13/2014 Recreation Facility Gary Reichow Rehire Attendant Seasonal 1800 $ 9.08 Hourly A 11/26/2014 Melissa Sawyer Hire Skating Instructor I Seasonal 5205 $ 10.00 Hourly H 10/25/2014 Accept Part-Time, Kelly Stark Resignation Liquor Clerk Regular 5060 10/3/2014 Recreation Facility Natalie Wijesingne Hire Attendant Seasonal 5205 $ 8.06 Hourly A 11/14/2014 The Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 s ITEM: 5.A City of Apple COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Regular Agenda ITEM DESCRIPTION: Canvass Results of November 4, 2014, General Election ...................................................................................................................................................................................................................................................................... STAFF CONTACT: DEPARTMENT/DIVISION: Pamela J. Gackstetter, City Clerk Administration/City Clerk's Office Action Requested Motion to adopt the resolution canvassing the returns of the November 4, 2014, State, County, and City General Election. Summary Last week the City of Apple Valley held an election. Attached is a resolution canvassing the results of November 4, 2014, State, County, and City General Election. Also attached are affidavits and certificates showing posting and publication of the Notices of Candidate Filing, City General Election, public accuracy test, and sample ballots. Background Minn. Stat. § 205.185, Subd. 3, requires the governing body of a city to canvass the returns and declare the results of the General Election between the third and tenth day following the election. Budget Impact N/A Attachment(s) Resolution EXTRACT OF MINUTES APPLE VALLEY CITY COUNCIL MEETING NOVEMBER 13, 2014 The Clerk presented affidavits showing posting and publication of the notice of and sample ballot for the City General Election of November 4, 2014. The Clerk further presented the official returns of the judges of election. Said affidavits and returns were duly examined, approved, and ordered placed on file in the Office of the Clerk. Member introduced the following resolution and moved its adoption: CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION CANVASSING THE RETURNS OF THE NOVEMBER 4, 2014, STATE, COUNTY, AND CITY GENERAL ELECTIONS BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that it has hereby found, determined, and declared that the election held in and for said City on November 4, 2014, was in all respects duly and legally called and held and the returns thereof have been duly canvassed and that the votes cast at said election are shown on Exhibit A attached hereto, which shall be considered a part of this resolution. BE IT FURTHER RESOLVED that Mary Hamann-Roland is hereby declared elected Mayor of Apple Valley for a four (4) year term commencing January 5, 2015. The votes for Mayor are found to be as follows: Votes 1. Mary Hamann-Roland 12,535 2. Gene Rechtzigel 4,741 3. Blank votes 2,017 4. Over votes 1 5. Write-Ins 57 6. Total Vote 19,351 BE IT FURTHER RESOLVED that John Bergman and Clint Hooppaw are hereby declared elected Councilmembers of Apple Valley for four (4) year terms commencing January 5, 2015. The votes for Councilmembers are found to be as follows: Votes 1. John Bergman 10,082 2. Clint Hooppaw 9,353 3. Juan Montoya I1I 4,106 4. Under votes 5,352 5. Blank votes 4,841 6. Over votes 1 7. Write-Ins 125 8. Total Vote 33,860 (Blank votes are ballots where no votes were cast for an office. Over votes are ballots where more votes were cast for an office than allowed; therefore, the votes for the over voted race are not counted.) ADOPTED this 13th day of November, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk The motion for adoption of the foregoing resolution was duly seconded by Member and upon vote being taken,the following voted in favor thereof: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Clerk. 2 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 PSA P5B P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL FEDERAL OFFICES U.S.SENATOR Overvotes 0 0 0 0 0 1 0 0 0 1 0 0 0 0 0 0 2 Blank votes 3 5 3 6 5 4 3 3 5 5 1 4 0 0 2 0 49 Write-Ins 0 0 2 0 1 0 1 1 1 1 0 0 0 2 1 0 10 Steve Carlson 17 16 15 18 12 33 16 15 22 22 20 32 22 15 19 8 302 AlFranken 553 494 547 637 598 841 425 673 782 727 690 707 723 494 509 422 9,822 Heather Johnson 12 14 12 13 13 21 15 16 18 13 19 15 16 14 18 15 244 Mike McFadden 539 490 437 452 632 973 308 610 704 749 593 607 640 470 381 337 8,922 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 U.S. REP. DISTRICT 2 Overvotes 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Blank votes 11 10 4 8 12 8 7 12 19 16 16 12 7 9 11 7 169 Write-Ins 1 0 0 1 1 1 1 1 3 0 0 1 2 2 0 1 15 John Kline 637 577 526 565 734 1120 386 700 824 888 696 745 769 538 450 401 10,556 Mike Obermueller 414 387 443 499 476 681 341 547 616 564 549 547 554 405 418 347 7,788 Paula Overby 60 45 42 53 38 63 33 58 70 50 62 60 69 41 51 26 821 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 STATE OFFICES STATE REP. DISTRICT 57A Overvotes 0 2 0 0 1 0 0 0 0 0 0 1 0 0 0 0 4 Blank votes 23 15 14 23 13 0 25 0 0 0 0 29 25 22 25 11 225 Write-Ins 0 1 1 1 1 0 0 0 0 0 0 0 1 0 0 0 5 Bruce Folken 434 406 454 514 502 0 355 0 0 0 0 592 548 396 424 354 4,979 Tara Mack 667 595 547 588 744 0 388 0 0 0 0 743 827 577 481 417 6,574 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1,124 1019 1016 1126 1261 0 768 0 0 0 0 1365 1401 995 930 782 11,787 STATE REP. DISTRICT 57B Overvotes 0 0 0 0 0 2 0 0 0 0 1 0 0 0 0 0 3 Blank votes 0 0 0 0 0 50 0 25 47 43 39 0 0 0 0 0 204 Write-Ins 0 0 0 0 0 1 0 0 2 1 0 0 0 0 0 0 4 Denise Packard 0 0 0 0 0 703 0 569 639 598 584 0 0 0 0 0 3,093 Anna Wills 0 0 0 0 0 1117 0 724 844 876 699 0 0 0 0 0 4,260 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 0 0 0 0 0 1873 0 1318 1532 1518 1323 0 0 0 0 0 7,564 Page 1 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P513 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL GOVERNOR&LT. GOVERNOR Overvotes 0 0 0 1 0 1 0 0 0 0 0 0 0 2 0 0 4 Blank votes 5 1 4 3 3 4 5 9 9 10 3 4 6 0 4 2 72 Write-Ins 1 1 3 0 1 0 0 0 1 1 0 0 0 1 1 1 11 Dayton&Smith 523 485 505 595 579 810 399 657 745 682 645 657 672 462 486 399 9,301 Holbrook&Dock 15 6 15 10 5 15 14 12 12 11 13 16 13 10 18 13 198 Johnson&Kuisle 535 483 443 478 642 985 321 597 712 773 620 637 663 477 386 333 9,085 Nicollet&Gieseke 32 21 27 24 21 34 17 34 33 32 27 40 35 31 24 26 458 Wright&Daniels 13 22 19 15 10 24 12 9 20 9 15 11 12 12 11 8 222 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1,124 1,019 1,016 1,126 1,261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 SECRETARY OF STATE Overvotes 1 0 0 0 0 0 0 1 0 0 0 0 1 0 0 0 3 Blank votes 34 38 40 46 35 57 45 44 93 72 50 53 68 46 33 24 778 Write-Ins 0 2 1 0 2 0 0 1 1 0 0 0 1 1 0 0 9 Bob Helland 61 41 42 30 44 57 32 44 67 54 56 72 53 35 47 35 770 Bob Odden 29 25 29 19 12 33 20 23 27 24 36 27 25 19 30 13 391 Dan Severson 545 490 450 487 659 994 314 626 706 762 603 619 682 489 383 340 9,149 Steve Simon 454 423 454 544 509 732 357 579 638 606 578 594 571 405 437 370 8,251 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ---- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 STATE AUDITOR Overvotes 0 0 0 0 0 1 0 0 0 0 0 0 1 0 0 0 2 Blank votes 26 28 27 32 33 47 28 33 65 51 52 44 39 43 28 30 606 Write-Ins 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 1 3 Patrick Dean 29 28 35 29 24 53 20 43 40 45 50 48 36 28 27 28 563 Randy Gilbert 482 426 380 417 579 865 273 536 602 675 535 538 577 425 336 299 7,945 Keegan Iverson 17 13 21 10 9 23 13 15 18 21 19 25 16 21 23 12 276 Rebecca Otto 552 484 513 605 599 843 414 672 769 705 644 685 703 459 486 393 9,526 Judith Schwartzbacker 18 40 40 33 17 41 20 18 37 21 23 25 29 19 30 19 430 ----- ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 Page 2 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P513 P6 P7 P8 P9 1310 1311 P12 P13 P14 P15 TOTAL ATTORNEY GENERAL Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 23 25 19 27 25 38 27 32 60 37 38 37 35 27 24 27 501 Write-Ins 0 1 0 0 0 1 0 1 1 0 0 0 0 0 0 1 5 Brandan Borgos 18 19 21 14 17 29 16 13 23 13 20 21 18 14 14 16 286 Andy Dawkins 6 9 18 10 10 14 7 10 15 13 12 10 10 6 10 6 166 Scott Newman 467 389 374 410 564 847 248 536 599 675 524 521 562 419 336 290 7,761 Mary O'Connor 26 12 24 14 9 19 16 16 20 18 21 27 12 19 22 11 286 Lori Swanson 566 524 529 615 615 878 439 690 779 738 683 715 735 479 493 413 9,891 Dan R.Vacek 18 40 31 36 21 47 15 20 35 24 25 34 29 31 31 18 455 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 COUNTY OFFICES COUNTY SHERIFF Overvotes 0 0 0 0 0 0 0 0 0 1 0 2 0 0 0 0 3 Blank votes 285 296 275 327 405 555 237 383 501 497 454 358 380 321 256 202 5,732 Write-Ins 6 3 3 6 1 8 3 8 6 1 6 7 3 3 5 6 75 Herb Kotek 225 208 197 223 211 407 155 240 273 207 193 246 262 167 183 149 3,546 Tim Leslie 608 512 541 570 644 903 373 687 752 812 670 752 756 504 486 425 9,995 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 COUNTY ATTORNEY Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 263 278 268 282 287 486 213 369 447 430 378 344 351 326 290 201 5,213 Write-Ins - 10 8 10 12 12 15 2 13 13 15 16 9 10 10 9 10 174 James C. Backstrom 851 733 738 832 962 1372 553 936 1072 1073 929 1012 1040 659 631 571 13,964 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ---- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 SOIL&WATER SUPVR-DIST. 1 Overvotes 2 1 0 0 2 5 0 0 0 0 2 0 1 1 0 0 14 Blank votes 351 353 333 394 458 698 292 463 618 631 541 438 442 395 304 236 6,947 Write-Ins 3 6 3 3 6 9 0 10 3 4 8 6 6 5 6 7 85 Scott A. Holm 187 281 132 159 159 234 69 148 172 185 169 180 182 110 116 131 2,614 Bruce Johnson 239 81 184 191 202 327 143 214 264 238 195 250 267 146 180 112 3,233 Gregory O'Connor 80 184 84 96 105 164 69 88 88 98 89 104 112 74 64 69 1,568 Laura Zanmiller 262 113 280 283 329 436 195 395 387 362 319 387 391 264 260 227 4,890 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 Page 3 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P56 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL SOIL&WATER SUPVR-DIST.3 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 407 381 357 422 477 747 311 503 661 630 558 480 492 417 363 267 7,473 Write-Ins 5 3 6 7 7 11 3 11 6 3 9 7 3 5 7 10 103 Kevin Chamberlain 712 635 653 697 777 1115 454 804 865 885 756 878 906 573 560 505 11,775 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 CITY OFFICES MAYOR Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 Blank votes 79 123 89 114 110 171 107 135 128 143 165 133 136 156 137 91 2,017 Write-Ins 10 4 2 3 3 5 1 2 4 4 4 1 2 3 4 5 57 Mary Hamann-Roland 704 594 648 734 847 1186 472 863 1012 1022 882 900 972 617 580 502 12,535 Gene Rechtzigel 331 298 277 275 301 511 188 318 388 349 272 331 290 219 209 184 4,741 ----- ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 COUNCIL MEMBER(2) Overvotes 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Blank votes 215 265 207 264 277 424 211 354 412 428 396 313 309 305 256 205 4,841 Under votes 357 315 264 . 330 327 553 122 371 401 340 303 402 447 264 317 239 5,352 Write-Ins 7 4 5 14 7 12 4 11 12 4 9 9 7 6 4 10 125 John Bergman 592 542 566 602 701 1056 426 666 770 801 631 721 749 463 406 390 10,082 Clint Hooppaw 622 424 536 517 697 900 382 585 768 736 660 698 705 440 362 321 9,353 Juan Montoya III 238 223 247 261 236 377 180 295 289 299 251 274 276 207 259 194 4,106 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 2032 1,773 1825 1,988 2,245 3322 1325 2282 2652 2608 2250 2417 2493 1685 1604 1359 33,860 Page 4 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P513 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL SCHOOL DISTRICT OFFICES NO.191 ISD 191 BOARD MEMBER(4) Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 0 0 0 0 50 0 0 0 0 0 0 0 0 0 0 0 50 Under votes 0 0 0 0 99 0 0 0 0 0 0 0 0 0 0 0 99 Write-Ins 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2 Abigail Alt 0 0 0 0 71 0 0 0 0 0 0 0 0 0 0 0 71 Dustin Cesarek 0 0 0 0 38 0 0 0 0 0 0 0 0 0 0 0 38 Dan Luth 0 0 0 0 65 0 0 0 0 0 0 0 0 0 0 0 65 Harold Sandahl IV 0 0 0 0 34 0 0 0 0 0 0 0 0 0 0 0 34 Jim Schmid 0 0 0 0 83 0 0 0 0 0 0 0 0 0 0 0 83 Robert Vandenboom 0 0 0 0 62 0 0 0 0 0 0 0 0 0 0 0 62 Bradley Wolfe 0 0 0 0 42 0 0 0 0 0 0 0 0 0 0 0 42 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 0 0 0 0 546 0 0 0 0 0 0 0 0 0 0 0 546 JUDICIAL OFFICES SUPREME COURT ASSOCIATE JUSTICE 2 Overvotes 0 0 0 1 2 1 0 1 0 0 0 1 0 1 2 0 9 Blank votes 252 245 255 346 314 447 240 342 431 529 464 332 320 271 297 182 5,267 Write-Ins 0 1 0 3 3 4 1 4 1 0 2 1 2 1 1 2 26 John Hancock 404 392 332 310 336 773 242 419 522 373 359 483 504 336 260 214 6,259 Wilhelmina(Mimi)Wright 468 381 429 466 606 648 285 552 578 616 498 548 575 386 370 384 7,790 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 ASSOCIATE JUSTICE 3 Overvotes 0 0 0 1 0 2 0 0 0 0 0 0 0 0 0 0 3 Blank votes 260 256 254 346 315 432 245 345 435 528 460 337 327 286 304 189 5,319 Write-Ins 2 0 1 2 3 5 0 2 1 0 1 1 1 2 1 2 24 David Lillehaug 433 373 384 389 549 792 266 520 580 598 512 518 568 342 301 314 7,439 Michelle L. MacDonald 429 390 377 388 394 642 257 451 516 392 350 509 505 365 324 277 6,566 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 Page 5 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 PSA P513 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL COURT OF APPEALS JUDGE 1 Overvotes 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Blank votes 440 411 418 512 512 784 360 553 694 761 667 523 520 445 435 274 8,309 Write-Ins 1 6 3 5 7 10 1 9 9 5 2 8 4 2 5 3 80 John R. Rodenberg 683 602 595 609 742 1078 407 756 829 752 654 834 877 548 490 505 10,961 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 3 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 441 415 414 514 514 797 360 557 708 771 670 530 523 444 442 284 8,384 Write-Ins 1 5 2 3 2 9 2 8 6 5 1 7 5 2 4 3 65 Carol A. Hooten 682 599 600 609 745 1067 406 753 818 742 652 828 873 549 484 495 10,902 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 4 Overvotes 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Blank votes 445 417 427 523 515 806 363 574 719 769 685 535 531 458 446 288 8,501 Write-Ins 1 4 2 5 7 9 1 9 6 3 2 7 3 2 5 4 70 John P.Smith 678 598 587 598 739 1057 404 735 807 746 636 823 867 535 479 490 10,779 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 9 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 447 420 430 526 523 810 363 571 721 778 686 540 536 457 445 288 8,541 Write-Ins 2 4 1 5 2 8 1 7 5 3 2 8 3 1 4 3 59 Michael Kirk 675 595 585 595 736 1055 404 740 806 737 635 817 862 537 481 491 10,751 ----- ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 10 Overvotes 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Blank votes 448 419 438 526 526 805 367 576 727 776 686 544 534 461 450 290 8,573 Write-Ins 1 4 1 3 4 7 0 7 5 3 1 8 3 2 5 2 56 Edward J.Cleary 675 596 577 597 731 1060 401 735 800 739 636 813 864 532 475 490 10,721 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 Page 6 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P5B P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL JUDGE 12 Overvotes 0 0 0 0 0 1 0 0 0 1 0 0 0 1 0 1 4 Blank votes 453 420 429 527 521 817 369 568 731 781 683 537 535 460 450 290 8,571 Write-Ins 1 4 1 3 3 8 0 7 4 3 2 9 5 2 4 4 60 Margaret Chutich 670 595 586 596 737 1047 399 743 797 733 638 819 861 532 476 487 10,716 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 15 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 450 423 438 532 536 820 366 576 736 790 696 548 541 467 457 294 8,670 Write-Ins 1 4 1 4 2 8 0 7 5 3 2 9 3 1 4 4 58 Kevin G. Ross 673 592 577 590 723 1045 402 735 791 725 625 808 857 527 469 484 10,623 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 1ST DISTRICT COURT JUDGE 1 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 445 419 429 523 515 799 362 557 724 789 673 533 520 454 449 287 8,478 Write-Ins 2 6 2 4 2 8 1 6 4 2 1 8 7 1 4 3 61 Ann M.Offermann 677 594 585 599 744 1066 405 755 804 727 649 824 874 540 477 492 10,812 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 3 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 Blank votes 454 420 438 530 527 816 369 575 731 792 685 555 531 462 454 288 8,627 Write-Ins 1 5 1 4 4 8 0 7 4 3 2 8 5 1 5 3 61 Thomas W. Pugh 669 594 577 592 730 1049 399 736 797 723 636 802 865 531 471 491 10,662 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 5 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 454 426 443 534 533 823 370 571 727 795 689 548 539 470 460 292 8,674 Write-Ins 3 5 1 3 3 7 1 7 4 1 0 8 3 1 5 2 54 Kevin Eide 667 588 572 589 725 1043 397 740 801 722 634 809 859 524 465 488 10,623 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 Page 7 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P513 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL JUDGE 12 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 453 421 442 534 532 819 367 582 736 794 693 549 541 470 459 290 8,682 Write-Ins 2 5 1 3 2 10 1 10 5 2 0 7 4 1 4 2 59 Michael D.Wentzell 669 593 573 589 727 1044 400 726 791 722 630 809 856 524 467 490 10,610 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 16 Overvotes 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 2 Blank votes 449 418 436 529 524 812 368 577 733 794 686 544 538 461 458 289 8,616 Write-Ins 2 4 2 4 2 7 0 7 5 2 1 8 4 1 6 3 58 Shawn Moynihan 673 597 578 593 735 1054 400 734 794 722 635 813 859 533 466 489 10,675 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 18 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 458 426 446 535 535 821 372 582 733 797 690 551 542 470 458 294 8,710 Write-Ins 4 5 1 4 3 8 1 7 5 2 0 7 3 1 4 2 57 Christian Sean Wilton 662 588 569 587 723 1044 395 729 794 719 633 807 856 524 468 486 10,584 ----- ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 27 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 451 422 440 531 532 818 367 583 735 796 691 549 538 467 457 295 8,672 Write-Ins 2 4 2 4 2 7 1 7 4 2 1 7 4 1 4 5 57 Mike Fahey 671 593 574 591 727 1048 400 728 793 720 631 809 859 527 469 482 10,622 ----- ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 28 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 Blank votes 455 424 437 527 527 814 369 572 735 793 684 543 538 465 458 294 8,635 Write-Ins 2 4 1 2 3 7 0 7 4 2 0 7 4 1 4 3 51 Karen J.Asphaug 667 591 578 597 731 1052 399 739 793 723 639 815 859 528 468 485 10,664 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 Page 8 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P5B P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 TOTAL JUDGE 30 Overvotes 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 Blank votes 456 421 448 536 535 822 374 582 735 796 692 551 543 473 460 295 8,719 Write-Ins 2 4 2 4 5 7 0 7 4 1 0 7 3 1 4 3 54 Thomas W. Bibus 666 594 566 586 721 1044 393 729 793 721 631 807 855 521 466 484 10,577 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 31 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Blank votes 450 413 433 526 524 816 366 565 730 788 682 538 536 461 452 291 8,571 Write-Ins 2 5 2 1 3 7 0 7 4 2 0 7 4 1 5 2 52 Mary J.Theisen 672 601 581 599 734 1050 402 746 798 728 641 820 861 533 473 489 10,728 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 JUDGE 32 Overvotes 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Blank votes 479 435 457 555 544 846 384 585 761 811 712 578 567 487 476 305 8,982 Write-Ins 1 4 3 6 2 8 1 9 4 2 1 7 5 1 4 4 62 Joseph Carter 644 579 556 565 715 1019 383 724 767 705 610 780 829 507 450 473 10,306 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- TOTAL 1124 1019 1016 1126 1261 1873 768 1318 1532 1518 1323 1365 1401 995 930 782 19,351 Page 9 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF ALL PRECINCTS RACE P1 P2 P3 P4 P5A P56 P6 P7 P8 P9 P10 P19 P12 P13 P14 P15 TOTAL Pre-registered Voters 1,741 1,829 1,553 1,911 1,806 2,738 1,344 2,308 2,313 2,150 2,028 2,233 2,265 1,672 1,916 1,527 31,334 New Poll Registrations 42 60 49 42 42 67 64 66 63 50 50 50 77 81 88 70 961 New AB Registrations 2 1 0 5 9 3 6 7 2 2 3 4 4 12 8 7 75 New Registrations 44 61 49 47 51 70 70 73 65 52 53 54 81 93 96 77 1,036 ---- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- Total Registered Voters 1,785 1,890 1,602 1,958 1,857 2,808 1,414 2,381 2,378 2,202 2,081 2,287 2,346 1,765 2,012 1,604 32,370 Regular Absentee Ballots 108 97 87 146 196 238 86 148 144 151 110 146 141 94 102 85 2,079 Military&Overseas Ballots 2 0 2 0 0 0 0 1 1 4 0 1 4 2 2 0 19 Federal Absentee Ballot 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 2 Presidential Absentee Ballots 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- Total Absentee Ballots 110 97 89 146 196 238 86 150 145 156 110 147 145 96 104 85 2,100 Number of Voters at Polls 1,014 922 927 980 1,066 1,635 682 1,168 1,387 1,362 1,213 1,218 1,256 899 826 697 17,252 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- Number of Persons Voting 1,124 1,019 1,016 1,126 1,262 1,873 768 1,318 1,532 1,518 1,323 1,365 1,401 995 930 782 19,352 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- Total Votes 1,124 1,019 1,016 1,126 1,261 1,873 768 1,318 1,532 1,518 1,323 1,365 1,401 995 930 782 19,351 A Percent Turnout 62.97% 53.92% 63.42% 57.51% 67.91% 66.70% 54.31% 55.35% 64.42% 68.94% 63.58% 59.69% 59.72% 56.37% 46.22% 48.75% 59.78% A-Precinct 5A-1 ballot jammed and was not counted. Page 10 of 10 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITION PP=1 PP=2 PP=3 PP=4 P-5A P-56 PP=6 PP=7 PP=8 PP=9 P-10 PP=11 PP12 PP13 PP=14 P-15 TOTAL FEDERAL OFFICES U.S.SENATOR Anderson, Richard Dean 1 1 Babcock, Barry 2 2 Kanter,Casey 1 1 Loesch, Nick 1 1 Mack,Tara 1 1 Ortman,Juliann 1 1 Williams,Stephen 1 1 No Name 1 1 None 1 1 — — — — — — — — — — — — — — — — — TOTAL 0 0 2 0 1 0 1 1 1 1 0 0 0 2 1 0 10 U.S. REP. DISTRICT 2 Bills, Kurt 1 1 Constans,Jesse 1 1 Gerson, David 2 2 Jackson, Dub 1 1 Jensen,Tim 1 1 Mack,Tara 1 1 Palin,Sarah 1 1 Paulsen, Eric 1 1 Willmert,Andrew Richard 1 1 No Name 1 1 1 1 4 None 1 1 — — — — — — — — — — — — — — — — — TOTAL 1 0 0 1 1 1 1 1 3 0 0 1 2 2 0 1 15 Page 1 of 7 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITION PP=1 PP=2 PP=3 PP=4 P-5A P-56 PP=6 PP=7 PP=8 PP=9 PP10 PP11 PP=12 PP13 P-14 P15 TOTAL STATE OFFICES GOVERNOR AND LIEUTENANT GOVERNOR Anderson, Merrill 1 1 Babcock, Barry 2 2 Balut,Joe 1 1 Hoaey,Timothy&Houth, Robert 1 1 Kolpin,Amanda 1 1 Loesch, Nick 1 1 Mack,Tara 1 1 Molitor, Paul 1 1 Seifert, Marty 1 1 Winchester, Dean&Winchester,Sam 1 1 — — — — — — — — — — — — — — — — — TOTAL 1 1 3 0 1 0 0 0 1 1 0 0 0 1 1 1 11 ATTORNEY GENERAL Anderson, Steve Lee 1 1 Buckley,James 1 1 Mack,Tara 1 1 No Name 1 1 2 TOTAL 1 0 0 0 0 1 0 1 1 0 0 0 0 0 0 1 5 Page 2 of 7 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITION PP=1 PP=2 PP=3 P_4 P-5A P-56 PP=6 PP=7 PP=8 PP=9 PP10 PP11 P12 PP=13 PP=14 P-15 TOTAL CITY OFFICES MAYOR Adolphson, David 2 2 Agnew 1 1 Beckman,John 1 1 Berudt, Paul 1 1 Bettelli,Jenni 1 1 Bettelli,Jennifer 2 1 3 Brandmire,Chad 1 1 Capone,AI 1 1 Christensen,Georgette 1 1 Christianson,Jason 1 1 Denokin, Mike 1 1 Dowhower, Ryan 1 1 Engelhardt, Mike 2 2 Gall,Gene 1 1 Gaul, Paul 1 1 Gilroy, Daniel 1 1 Gjavenis, Mark 1 1 Gretz, Brian 1 1 Gustafson, David 1 1 Hernesman,Jason 1 1 Humphrey, Gary 1 1 Kadrlic,Scott 1 1 Lacombe,Jeff 1 1 Larson, Dan 1 1 Laurent,Travis 1 1 Mack,Tara 1 1 2 Matthys, Russ 1 1 Maures, Mike 1 1 McAnally, Michael 1 1 McCheese 1 1 Me 1 1 Moberg, Karl 1 1 Nelson,Chad D 1 1 Nibbe, Rod 1 1 Nowlan,Travis 1 1 Oliver 1 1 Petzloft, Rich 1 1 Putali,Casey 1 1 Rentz,Ashley 1 1 Republican 1 1 Sargent, Blair 1 1 Scheerz,Joshua Pagle 3 of 7 1 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITION PP=1 P-2 PP=3 PP=4 P-5A P-56 PP=6 PP=7 PP=8 PP=9 P-10 PP=11 PP12 PP13 P-14 P-15 TOTAL Shade,Gary 1 1 Stone,Greg 1 1 Zonker, Harris 1 1 No Name 1 1 1 1 1 2 7 TOTAL 10 4 2 3 3 5 1 2 4 4 4 1 2 3 4 5 57 COUNCIL MEMBER Allen, Eric 1 1 Anderson, Brett 1 1 Anderson, Howard 1 1 Any 1 1 Archer-Burton,Jeff 1 1 Bainbridge, Matt 1 1 Barton, Blair 1 1 Beckman,John 1 1 Bennett,Steve 1 1 Bevars, Barry 1 1 Bostick,Velvalesha 1 1 Brown,Chris 1 1 Burns,Wayne 1 1 Calistra,Anthony 1 1 Carpenter, Darci 1 1 Casperson, Pat 2 2 Christensen, Barb 1 1 Constans,Jesse 1 1 Crawford, Bob 2 2 Cregar,Jesse 1 1 Custis, Martha 1 1 Daniels, Etan J 1 1 Devereaux, Lance 1 1 Dilling,Ariane 1 1 Duethman,Jim 1 1 Erickson,Adam 1 1 Everson,Tracy 1 1 Ficek,Judy 1 1 Frische, Bill 1 1 Garrett-Johnson, Linda 1 1 Gordhamer, Shawn 1 1 Guest, Chester Ray 1 1 Gustafson, David 1 1 Hewitt, Danielle 1 1 Hoese, Ryan 1 1 Hoffman, Jason Page 4 of 7 1 1 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITION P_1 PP=2 PP=3 PP=4 P-5A P-513 PP=6 PP=7 P_8 PP=9 PP=10 PP=11 P12 PP13 P14 PP=15 TOTAL Hollatz, Lee 1 1 IF 1 1 Jackson, Emily 1 1 Jensen,Tim 1 1 Johnson, Marvin 1 1 Jones,Chris 1 1 Kartes,John P 1 1 Kline,Greg 1 1 Larson, Dan 1 1 Laurent,Travis 1 1 Lee, Dave 1 1 Lee, Re 1 1 Lonning,Tvon 1 1 Mack,Tara 1 1 Mararua, Nandhini 1 1 Martin, Pat 1 1 McAnally, Michael 1 1 McKay, Erik 2 2 Melville, Kristina 1 1 Mercury, Freddy 1 1 Methric, Paul 1 1 Moberg, Karl 1 1 Moonan,Amanda 1 1 Mouse,Mickey 1 1 Neggent,Ted 1 1 Nelson, Douglas 1 1 Nowlan,Travis 1 1 O'Brien, Robyn 1 1 Odland,Jim 1 1 O'Keefe,Thomas Sheridan 1 1 Pawhoop, Bizbee 1 1 Peery,Chris 1 1 Petzloft,Jayme 1 1 Quion, Bee 1 1 Ramirez, Michael A 1 1 Rentz,Ashley 1 1 Rentz,Daniel 1 1 Rentz,Nancy 1 1 Republican 1 1 Robson, Lisa 1 1 Roehl, Bill 1 1 Ruff, Megan 1 1 Scavio,James 1 1 Schindler, David 1 1 Schmid, Michael 1 1 Schmidt,John 1 Page 5 of 7 1 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITION PP=1 PP=2 PP=3 PP=4 P-5A P-513 PP=6 PP=7 PP=8 PP=9 PP10 PP11 PP12 PP13 PP14 P15 TOTAL Schrader, Satn 1 1 Schult, Mike 1 1 Shepard, Debra 2 2 Shovka, Mark 1 1 Sime, Bryan 1 1 Stadem,Zachary D 1 1 Stadem,Zack 1 1 Steele,Tom 1 1 Stepka, Nicholas Ryan 1 1 Sullivan, Dan 1 1 Sullivan, Pat 1 1 Thomas, Scott 1 1 Tomlinson, Russ 1 1 Ullery, Kenneth 1 1 Ventura,Jesse 1 1 Vosper, Mark 1 1 Wakal, Nickolaus 2 2 Wilson, Kenneth 1 1 Younger, Erik 1 1 No Name 2 3 2 2 3 3 1 1 2 19 None 1 1 — — — — — — — — — — — — — — — — — TOTAL 7 4 5 14 8 12 4 11 12 4 9 9 7 6 4 10 126 Page 6 of 7 CITY OF APPLE VALLEY 2014 GENERAL ELECTION-NOVEMBER 4,2014 SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITION PP=1 P-2 P_3 P_4 P-5A P-513 PP=6 PP=7 PP=8 PP=9 PP=10 PP=11 P-12 PP13 PP=14 PP15 TOTAL SCHOOL DISTRICT OFFICES SCHOOL BOARD MEMBER Anderson, Matt 1 1 Lodermier, Larry 1 1 — — — — — — — — — — — — — — — — — TOTAL 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2 Page 7 of 7 CERTIFICATE OF POSTING NOTICE I, PAMELA J. GACKSTETTER, hereby certify that I am the duly qualified and acting City Clerk of the City of Apple Valley, Dakota County, Minnesota, and that on this 7th day of July, 2014, (said date being at least ten days before the date of filing) I posted a copy of the attached Notice of Candidate Filing on the bulletin board at the Apple Valley Municipal Center. Pamela J. Gacgstetler, City Clerk CITY OF APPLE VALLEY NOTICE OF CANDIDATE FILING FOR CITY ELECTION NOTICE IS HEREBY GIVEN that the time for filing affidavits of candidacy for City offices to be elected at the regular City Election on November 4, 2014, will open on Tuesday, July 29, 2014, and will close on Tuesday, August 12, 2014, for the offices as follows: - One (1) Mayor for a four (4) year term commencing January 5, 2015. - Two (2) Councilmembers for four (4) year terms, each, commencing January 5, 2015. Affidavits of Candidacy will be accepted by the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., between the hours of 8:00 a.m. and 4:30 p.m. on regular business days and until 5:00 p.m. on August 12, 2014. Pamela J. G kstetter, City Clerk City of Apple Valley ForY p ubIIC tion Jul 11 2014. File: Elections/Notice Filing Ad-14 AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY NOTICE OF CANDIDATE STATE OF MINNESpTAFILING FOR CITY ELECTION COUNTY OF DAI�OA 1)SS NOTICE IS HEREBY GIVEN that the 1 time for filing affidavits of candidacy for City offices to be elected at the regular Charlene Vold being duly sworn on an oath, City Election on November 4,2014,will open on Tuesday,July 29,2014,and will states or affirms that they are the Authorized close on Tuesday,August 12,2014,for Agent of the newspaper(s)known as: the offices as follows: -One(1)Mayor for a four(4)year term commencing January 5,2015. STW Apple Valley -Two(2)Councilmembers for four(4) year terms, each, commencing January 5,2015. and has full knowledge of the facts stated Affidavits of Candidacy will be accept- ed by the City Clerk at the Apple Valley below: Municipal Center,7100 147th Street W., (A)The newspaper has complied with all of between the hours of 8:00 a.m.and 4:30 the requirements Constituting qualifica- p.m.on regular business days and until 5:00 p.m.on August 12,2014. tion as a qualified newspaper as provided /s/Pamela J.Gackstetter,City Clerk by Minn. Stat. §331A.02, §331A.07, and City of Apple Valley other applicable laws as amended. Published in Apple Valley (B)This Public Notice was printed and pub- Jury 11,2014 lished in said newspaper(s) for I succes- 247905 sive issues; the first insertion being on 07/11/2014 and the last insertion being on 07/11/2014. By: Authorized Agent Subscribed and sworn to or affirmed before me on 07/11/2014. Notary Public DARLENE'11 !t P SONFlER Notary Pubiic-NNnnesota i5w My Co nMWW out 31,2x19 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 247905 CERTIFICATE OF POSTING NOTICE I, PAMELA J. GACKSTETTER, hereby certify that I am the duly qualified and acting City Clerk of the City of Apple Valley, Dakota County, Minnesota, and that on this 13th day of October, 2014, I posted a copy of the attached Notice of City Election on the bulletin board at the Apple Valley Municipal Center. Pamela J. Ga ste er, City Clerk NOTICE OF CITY ELECTION CITY OF APPLE VALLEY, MINNESOTA NOTICE IS HEREBY GIVEN that the biennial City election in the City of Apple Valley, Dakota County, Minnesota, will be held on Tuesday,November 4, 2014, between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m. The offices to be filled are as follows: One (1) Mayor for a four (4) year term commencing January 5, 2015. Two (2) Councilmembers for four(4) year terms, each, commencing January 5, 2015. All qualified voters of the City are entitled to vote at said election within the respective precincts in which they reside as heretofore established for municipal elections. The polling place in each precinct is: Precinct No. Polling Place Precinct Boundaries 1 Redwood Community Center The area bounded by County Road 42 on the 311 - 150th Street W. north,to Pennock Lane on the east, to Whitney Drive on the south, to Garden View Drive on the east, to 160th Street W. on the south, to the west City boundary. 2 Apple Valley Senior Center The area bounded by County Road 42 on the 14601 Hayes Road north,to Cedar Avenue on the east, to 160th Street W. on the south,to Garden View Drive on the west,to Whitney Drive on the north,to Pennock Lane on the west. 3 Westview Elementary School The area bounded by 140th Street W. on the 225 Garden View Drive north,to Garden View Drive on the east,to 143rd Street W. on the north, to Hayes Road on the east, to County Road 42 on the south, to the west City boundary. 4 Apple Valley Community Center The area bounded by 138th Street W. on the 14603 Hayes Road north,to Cedar Avenue to the east, to 145th Street W. on the south,to Pennock Avenue on the east, to County Road 42 on the south, to Hayes Road on the west, to 143rd Street W. on the south, to Garden View Drive on the west, to 140th Street W. on the north, to Pennock Avenue to the west. Precinct No. Polling Place Precinct Boundaries 5A Hope Church The area bounded by the north City boundary, 7477 - 145th Street W. to the boundary between Independent School Districts 191 and 196 on the east, continuing to Garden View Drive on the east,to McAndrews Road on the north, to Havelock Trail on the east, to 134th Street W. on the north, to Guild Avenue on the east,to Harwell Path on the north, to Pennock Avenue on the east, to 138th Street W. on the north,to Pennock Avenue on the east,to 140th Street W. on the south, to the west City boundary. 5B Mount Olivet Assembly of God The area bounded by the north City boundary, Church to Cedar Avenue on the east, to McAndrews 14201 Cedar Avenue Road on the north, to Galaxie Avenue on the east,to Upper 136th Street W. on the south, to Highway 77 Service Road on the east, crossing Cedar Avenue, to 138th Street W. on the south, to Pennock Avenue on the west, to Harwell Path on the south, to Guild Avenue on the west,to 134th Street W. on the south,to Havelock Trail on the west, to McAndrews Road on the south, to Garden View Drive on the west, and continuing on the boundary between Independent School Districts 191 and 196 on the west. 6 Augustana Health Care Center The area bounded by 140th Street W. on the of Apple Valley north,to Galaxie Avenue on the east, to 157th 14650 Garrett Avenue Street W. on the south,to Cedar Avenue on the west, to County Road 42 on the south, to Pennock Avenue on the west,to 145th Street W. on the north,to Cedar Avenue on the west. 7 Shepherd of the Valley Lutheran The area bounded by the north City boundary, Church to Johnny Cake Ridge Road on the east, to 12650 Johnny Cake Ridge Road 132nd Street W. on the south, to Galaxie Avenue on the west, to McAndrews Road on the south,to Cedar Avenue on the west. 2 Precinct No. Polling Place Precinct Boundaries 8 Greenleaf Elementary School The area bounded by 132nd Street W. on the 13333 Galaxie Avenue north, to Johnny Cake Ridge Road on the east, to 140th Street W. on the south, to Cedar Avenue on the west, to Highway 77 Service Road on the west,to Upper 136th Street W. on the north, to Galaxie Avenue on the west. 9 Community of Christ Church The area bounded by 131 st Street W. on the 5990 - 134th Street Court W. north, to Everest Avenue on the west,to Euclid Avenue on the west,to 128th Street W. on the west,to Diamond Path on the north,to Emmer Place on the east, to 132nd Street W. on the north,to Pilot Knob Road on the west, to Diamond Path on the east,to 140th Street W. on the south,to Johnny Cake Ridge Road on the west. 10 South Suburban Evangelical Free The area bounded by the north City boundary, Church to the east City boundary, to Diamond Path on 12600 Johnny Cake Ridge Road the west,to Pilot Knob Road on the east, to 132nd Street W. on the south, to Emmer Place on the west,to Diamond Path on the south,to 128th Street W. on the east, to Euclid Avenue on the east, to Everest Avenue on the east,to 131 st Street W. on the south, to Johnny Cake Ridge Road on the west. 11 ISD 196 District Service Center The area bounded by 140th Street W. on the 14445 Diamond Path north, to Diamond Path on the east,to County Road 42 on the south, to Embry Path on the west,to 144th Street W. on the south, to Pilot Knob Road on the west. 12 Spirit of Life Presbyterian.Church The area bounded by 140th Street W. on the 14401 Pilot Knob Road north, to Pilot Knob Road on the east, to 144th Street W. on the north, to Embry Path on the east, to County Road 42 on the south, to Galaxie Avenue on the west. 13 Diamond Path Elementary— The area bounded by County Road 42 on the School of International Studies north,to Diamond Path on the east,to 160th 14455 Diamond Path Street W. on the south, to Pilot Knob Road on the west. 3 Precinct No. PollingPlace Precinct Boundaries 14 Apple Valley Municipal Center The area bounded by County Road 42 on the 7100 - 147th Street W. north, to Foliage Avenue on the east, to 158th Street W. on the north,to Flagstaff Avenue on the east, to 160th Street W. on the south, to Cedar Avenue on the west, to 157th Street W. on the north, to Galaxie Avenue on the west. 15 River Valley Church The area bounded by County Road 42 on the 14898 Energy Way north,to Pilot Knob Road on the east,to 160th Street W. on the south,to Flagstaff Avenue on the west,to 158th Street W. on the south, to Foliage Avenue on the west. All registered and qualified voters of the City are entitled to vote at said election within the respective precincts in which they reside. DATED this 10th day of October, 2014. Pamela J. Gack etter City Clerk (For publication October 17 and 24, 2014) File: Election/Notice General Election-14 4 AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY,MINNESOTA NOTICE OF CITY ELECTION NOTICE IS HEREBY GIVEN that the biennial City election in the City of Apple Valley,Dakota County,Minne- sota,will be held on Tuesday,November 4,2014,between the hours of 7:00 o'clock a.m.and 8:00 o'clock p.m. COUNTY OF DAKOTA ss The offices to be filled are as follows: One(1)Mayor for a four(4)year term commencing January 5,2015. Two(2)Councilmembers for four(4)year terms,each,commencing Charlene Vold being duly sworn on an oath, January 5,2015. All qualified voters of the City are entitled to vote at said election within the respective precincts in which states or affirms that they are the Authorized they reside as heretofore established for municipal elections.The polling place in each precinct is: Agent of the newspaper(s)known as: Precinct No. Polling Place Precinct Boundaries STW Apple Valley 1 Redwood Community Center The area bounded by County Road 42 on the north, 311-150th Street W. to Pennock Lane on the east,to Whitney Drive on the south,to Garden View Drive on the east,to 160th and has full knowledge of the facts stated Street W.on the south;to the west City boundary. below: 2 Apple Valley Senior Center The area bounded by County Road 42 on the north, 14601 Hayes Road to Cedar Avenue on the east,to 160th Street W.on (A)The newspaper has complied with all of the south,to Garden View.Qnve on thewest,to the requirements constituting qualifica- Whitney Drive on the north a ennock`taneon;the'' tion as a qualified newspaper as provided west;, by Minn. Stat.§331A.02,§331A.07,and 3 Westview Elementary school The area bounded'by'140tF'Streef*.'WM4 ndW, other applicable laws as amended. 225 Garden View Drive to Garden View Drive on the east,to 143rd Street W. on the north,to Hayes Road on the east,to County (B)This Public Notice was printed and pub- Road 42 on the south,to the west City lished in said newspaper(s)for 2 succes- boundary. sive issues; the first insertion being on 4 Apple Valley Community.Center The area bounded by 138th Street W.on the north, 14603 Hayes Road to Cedar Avenue to the east,to 145th street W.on 10/17/2014 and the last insertion being on 10/24/2014. the south,to Pennock Avenue on the east,to County Road 42 on the south,to Hayes Road on the west, to 143rd Street W.on the south,to Garden View Drive on the west,to 140th Street W.on the north,to /�/'/�(�/�ss ,, Pennock Avenue to the west. ��.�lX�� 5A Hope Church The d bounded between n thnorth City boundary,to the 7477-145th Street W. bounds betweenIndependent School Districts 191 By: and 196 on the east,continuing to Garden View Authorized Agent Drive on the east,to McAndrews Road on the north, to Havelock Trail on the east,to 134th Street W.on Subscribed and sworn to or affirmed before the north,to Guild to en on the east,to Harwell Path on the north,to Pennock Avenue on the east,to me on 10/24/2014. 136th Street W.on the north,to Pennock Avenue on the east,to 140th Street W.on the south,to the west City boundary. AAA 5B Mount Olivet Assembly of God The area bounded by the north City boundary,to 14201 - the no Avenueonthe east;to McAndrews Roedon er 14201 Cedar Avenue the north,to Galaxie Avenue on the east,to Upper Notary Public 136th Street W.on the south,to Highway 77 Service Road on the east,crossing Cedar Avenue,to 138th Street W.on the south,to Pennock Avenue on the. west,to Harwell Path on thesouth,to Guild Avenue „Ae1G on the west,to 134th Street W.on the.south,to I�NIYIIIG Havelock Trail on the west,to McAndrews Road on � the south,to Garden View.Drive on the west,and NoWy Jon continuing on the boundary.between Independent I*Ia0onlili 1 Expfree School Districts 191.and 196 on the west. 6 Augustana Health Care Center The area bounded by 140th Street W.on the north, of Apple Valley to Galaxie Avenue on the east,to 157th Street W.on 14650 GarrettAvenue the south,to Cedar Avenue on the west,to County .. Road 42 on the south,to Pennock Avenue on the west,to 145th Street W.on the north,to Cedar Avenue on the west. 7 .Shepherd of the Valley Lutheran The area bounded by the north City boundary,to Church- Johnny Cake Ridge Road on the east,to 132nd 1.2650 Johnny Cake Ridge Road Street W.on the south,to Galaxie Avenue on the west,to McAndrews Road on the south;to Cedar Avenue on the west. 8 Greenleaf Elementary School The area bounded by 132nd.Street W.on the north, 13333 Galaxie Avenue" to Johnny Cake Ridge Road on the east,to 140th Street W.on the south,to Cedar Avenue on the west, to Highway 77 ServiceRoad.on the west,to Upper 136th Street W.on the north,to Galaxie Avenue on the west. 9 Community of Christ Church The area bounded by 131 st Street W.on the north, 5990-134th Street Court W. to Everest Avenue on the west,to Euclid Avenue on the west,to 128th Street W.on the west,to Diamond Path on the north,to Emmer Place on the east,to 132nd Street W.on the north,to Pilot Knob Road on the west,to Diamond Path on the east,to 140th Rate Information: Street W.on the south,to Johnny Cake Ridge Road on the west. (1)Lowest classified rate paid by commercial users for comparable space: 10 South huburban Evangelical The:area bounded by the north City bon the west,to to P P Free Church east City boundary,to Diamond Path on the west,to $27.40 per column inch 12600 Johnny Cake Ridge Road Pilot Knob Road on the east,to 132nd Street W.on the south,to Emmer Place on the west,to Diamond Path on the south,to 128th Street W.on the east, to Euclid Avenue on the east,to Everest Avenue on the east,to 131 st Street W.on the south,to Johnny Cake Ridge Road on the west. Ad ID 296641 11 ISD 196.District Service Center The area bounded by 140th Street W.on the north, .14445 Diamond Path to Diamond Path on the east,to County Road 42 on the south,to Embry Path on the west,to 144th Street W.on the south,to Pilot Knob Road on the west. 12 Spirit of Life Presbyterian Church The area bounded by 140th Street W.on the north, 14401 Pilot Knob Road to Pilot Knob Road on the east,to 144th Street W.on the north,to Embry Path on the east,to County Road 42 on the south,to Galaxie Avenue on the west. 13 Diamond Path Elementary- The area bounded by County Road 42 on the north, School of International Studies to Diamond Path on the east,to 160th Street W.on 14455 Diamond Path the south,to Pilot Knob Road on the west. 14 Apple Valley Municipal Center The area bounded by County Road 42 on the north, 7100-147th Street W. to Foliage Avenue on the east,to 158th Street W.on the north,to Flagstaff Avenueon the east,to 160th Street W.on the south,to Cedar Avenue on the west, to 157th Street W.on the north,to Galaxie Avenue on the west. 15 River Valley Church The area bounded by County Road 42 on the north, 14898 Energy Way to Pilot Knob Road on the east;to 160th Street W.on the south,to Flagstaff Avenue on the west,to 158th Street W.on the south,to Foliage Avenue on the west. All registered and qualified voters of the City are entitled to vote at said election within the respective pre- cincts in which they reside. DATED this 10th day of October,2014. - /s/Pamela J.Gackstetter Pamela J.Gackstetter City Clerk Published in Apple Valley October 17,24,2014 296641 CERTIFICATE OF POSTING NOTICE I, PAMELA J. GACKSTETTER, hereby certify that I am the duly qualified and acting City Clerk of the City of Apple Valley, Dakota County, Minnesota, and that on this 13th day of October, 2014, I posted a copy of the attached Notice of Time and Place of Official Test of Optical Scan Voting System and Electronic Ballot Marking Equipment on the bulletin board at the Apple Valley Municipal Center. Pamela J. GackAetter, City Clerk NOTICE OF TIME AND PLACE OF OFFICIAL TEST OF OPTICAL SCAN VOTING SYSTEM AND ELECTRONIC BALLOT MARKING EQUIPMENT FOR THE CITY OF APPLE VALLEY NOTICE IS HEREBY GIVEN, pursuant to Minnesota Statutes 206.83, that the official test of the electronic ballot marking equipment and optical scan voting system to be used for counting ballots for the November 4, 2014, General Election will be held at 2:00 o'clock p.m. on Wednesday, October 29, 2014, at Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. NOTICE IS FURTHER GIVEN that the test is open for observation by the public, the press, representatives of the political parties, and the candidates. Pamela J. G6&st6tter Apple Valley City Clerk For publication October 24, 2014 File: Elections/Notice-Test-General AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY PUBLIC NOTICE STATE OF MINNESOTA )ss OF OFFICIAL LFT TIME AND P ST OP LACE AL COUNTY OF DAKOTA ) SCAN VOTING SYSTEM AND ELECTRONIC BALLOT MARKING Charlene Vold being duly sworn on an oath, EQUIPMENT FOR THE CITY OF states or affirms that they are the Authorized APPLE VALLEY Agent of the newspaper(s)known as: NOTICE IS HEREBY GIVEN, pursuant to Minnesota Statutes 206.83,that the official test of the STW Apple Valley electronic ballot marking equip- ment and optical scan voting sys- tem to be used for counting ballots and has full knowledge of the facts stated for the November 4,2014,General below: Election will be held at 2:00 o'clock (A)The newspaper has complied with all of p m. on Wednesday, October 29, 2014, at Apple Valley Municipal the requirements constituting qualifica- Center,7100147th Street W,Apple tion as a qualified newspaper as provided valley,Minnesota 55124. by Minn. Stat. §331A.02, §331A.07, and NOTICE IS FURTHER GIVEN that the test is open for observation other applicable laws as amended. by the public,the press,represen- (B)This Public Notice was printed and pub- tatives of the political parties,and lished in said newspaper(s) for i succes- the candidates. sive issues; the first insertion being on /s/Pamela J.Gackstetter 10/24/2014 and the last insertion bein Apple Valley City Clerk g on Published in 10/24/2014. Apple Valley October 24,2014 297012 By: (✓�'�YY O&Q Authorized Agent Subscribed and sworn to or affirmed before me on 10/24/2014. Notary Public vvv vvvvvvvvvvvvvvvvvVW1MN MM Npt>311�/PUCi{��N'U1�0� my t ion$VIM Jo 31,2019 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 297012 CERTIFICATE OF POSTING NOTICE I, PAMELA J. GACKSTETTER, hereby certify that I am the duly qualified and acting City Clerk of the City of Apple Valley, Dakota County, Minnesota, and that on this 13th day of October, 2014, 1 posted a copy of the attached Sample Ballot on the bulletin board at the Apple Valley Municipal Center. A6WL&4�6 W�Z� Pamela J. Gac tette , City Clerk GENERAL ELECTION SAMPLE BALLOT NOVEMBER 4, 2014 CITY OFFICES CITY OF APPLE VALLEY MAYOR VOTE FOR ONE O GENE RECHTZIGEL O MARY HAMANN-ROLAND O write-in, if any COUNCIL MEMBER VOTE FOR UP TO TWO O JOHN BERGMAN O JUAN MONTOYA III O CLINT HOOPPAW O write-in, if any O write-in, if any �am��la- acll�� Pamela J. Gacl etter, City Clerk City of Apple Valley (For publication October 17 and 24, 2014) File: Election/Ballots/Sample Ballot-Publish-G 14 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )ss COUNTY OF DAKOTA ) Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s)known as: STW Apple Valley and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)This Public Notice was printed and pub- lished in said newspaper(s) for 2 succes- sive issues; the first insertion being on CITY OF APPLE VALLEY 10/17/2014 and the last insertion being on GENERAL ELECTION 10/24/2014. SAMPLE BALLOT NOVEMBER 4,2€}14 CITY OFFICES CITY OF APPLE VALLEY MAYOR VOTE FOR ONE By: O GENE RECHTZIGEL Authorized Agent O MARY HAMANN-ROLAND O write-in,if any ER Subscribed and sworn to or affirmed before any- COUNCIL PTOMEMTWO VOTE FOR UP TO TWO me on 10/24/2014. O JOHN BERGMAN O JUAN MONTOYA III O CLINT HOOPPAW Owrite-in,if any- K McOL, O write-in,if any Notary Public /s/Pamela J.Gackstetter Pamela J.Gackstetter,City Clerk City of Apple Valley Published in Apple Valley t fe"MU OctoberHRM 296611 4,2014 Nq NI ubli iNYnn1OWU My Canm�on .an a1,its Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: S27.40 per column inch Ad ID 296611 S. 6 ITEM: City Of Apple CITY COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Regular PROJECT NAME: COBBLESTONE LAKE NORTH SHORE Single-Family Detached Townhome Development PROJECT DESCRIPTION Request for: 1. Comprehensive Plan Land Use Map re-designation of Outlot C, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from "MD" (Medium Density Residential/6- 12 units per acre)to "LD" (Low Density Residential/2-6 units per acre). 2. Rezoning of Outlot C, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from Planned Development No. 703/zone 8 to Planned Development no. 703/zone 2. 3. Subdivision of 4.9 acres into 22 residential lots, two common lots and one outlot; located at the southeast corner of Cobblestone Lake Parkway and Embry Path. 4. Building permit authorization to allow for construction of model homes on Lot 7, Block 1 and Lots 13-15, Block 2. STAFF CONTACT: DEPARTMENT/DIVISION: Thomas Lovelace, City Planner Community Development Department APPLICANT: PROJECT NUMBER: South Shore Development,Inc. PC14-30-PZS APPLICATION DATE: 60 DAYS: 120 DAYS: July 28, 2014 September 25,2014 November 24,2014 Proposed Action This item was considered at the Planning Commission meeting of September 17,2014. The Commission voted unanimously to recommend approval of the Comprehensive Plan Land Use Map amendment, rezoning, and preliminary plat as requested. The following action will approve the request in accordance with the Commission's recommendation and the applicant's request: 1. Adopt the draft resolution approving the amendment to the 2030 Land Use Map re- designating Outlot C,COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from"MD"(Medium Density Residential/6-12 units per acre)to"LD"(Low Density Residential/2-6 units per acre). 2. Motion approving the rezoning of Outlot C, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from Planned Development No.703/zone 8 to Planned Development No.703/zone 2. 3. Adopt the draft resolution approving the COBBLESTONE LAKE NORTH SHORE Preliminary plat. 4. Motion authorizing the issuance of building permits for model homes on Lot 7,Block 1 and Lots 13-15,Block 2. Project Summary/Issues The applicant is requesting an amendment to the 2030 Land Use Map that would re-designate from "MD" (Medium Density Residential/6-12 units per acre) the outlot to "LD" (Low Density Residential/2-6 units per acre),with the proposed single-family development having an overall density of 4.5 units per acre. The proposed development will meet the minimum area requirements as well as the minimum building setbacks set forth in zone 2 of the planned development. Therefore,no new subzone will need to be created. An access restriction easement should be established over the northern one-foot(1')of Lot 8,Block 1 and Lot 16,Block 2 that will restrict direct driveway access to Cobblestone Lake Parkway. A 28-foot wide private street that will be constructed within the 30-foot wide outlot will provide access from Cobblestone Lake Parkway to the lots within the development. The width of the street will allow for parking on one side of the street only. There is currently a raised center median in Cobblestone Lake Parkway that will restrict access to the site to a right in/right out turning movements only. The applicant has stated that they will be removing the median at the two intersections to allow for full movements at each location. Cobblestone Lake Parkway has recessed on-street parking that will be impacted by the private street intersections. Curb modifications along the south side of Cobblestone Lake Parkway will need to be made at those locations. The City Engineer has reviewed the grading and utility plans and his comments are included in this report. Revisions should be made per the City Engineer's comments. Budget Impact To be determined Attachment(s) Met Council Letter Existing Conditions Utility Plan Draft Comp Plan Amendment Resolution Site Information Street Profile Draft Ordinance Amendment Preliminary Plat Street Plan Draft Preliminary Plat Resolution Erosion Control Plan Landscape Plan Cobblestone Lake Commercial 3 Id Add.Final Plat Erosion Control Details Elevations and Floor Plans Title Sheet I Grading Plan COBBLESTONE LAKE NORTH SHORE PROJECT REVIEW Existing Conditions Property Location: The southeast corner of Embry Path and Cobblestone Lake Parkway Legal Description: Outlot C,COBBLESTONE LAKE COMMERCIAL 3RD ADDITION Comprehensive Plan Designation "MD"(Medium Density Residential/6-12 units per acre) Zoning Classification "PD-703/zone 8"(Planned Development) Existing Platting Platted as an outlot Current Land Use Vacant Size: 4.93 acres Topography: Relatively flat Existing Vegetation Volunteer grasses Other Significant Natural Features None Adjacent NORTH Vacant Properties/Land Comprehensive Plan "MD" (Medium Density Residential/6-12 units Uses per acre) Zoning/Land Use "PD-703/zone 8"(Planned Development) SOUTH Cobblestone Lake Park Comprehensive Plan "P"(Parks and Open Space) Zoning/Land Use "PD-703/zone 8"(Planned Development) EAST Cobblestone Lake Park Comprehensive Plan "P"(Parks and Open Space) Zoning/Land Use "PD-703/zone 8"(Planned Development) WEST Cobblestone Lake Park Comprehensive Plan "P"(Parks and Open Space) Zoning/Land Use "PD-703/zone 8"(Planned Development) Development Project Review 15 TH€S 9 _ :L z a _ COB LES ONEtLAK cPKWN xj r� s 5 TH T Location Map Comprehensive Plan: The subject property is currently guided "MD" (Medium Density Residential/6-12 units per acre). "MD" land uses include townhomes, other attached single-family dwellings, and low-rise apartments and condominiums at densities that range between six to twelve units per acre. This designation fits with the"M-4",44M-5","M-6"(Multi-Family)and"PD"(Planned Development)zoning districts. 711 _51r 1�.. AI P `A a Tn r 0 Q V o Y O SITE BE W 160TH ST W Existing Comprehensive Plan Designation "MD" (Medium Density Residential/6-12 units per acre) The applicant is requesting an amendment to the 2030 Land Use Map that would re-designate the outlot to "LD"(Low Density Residential/2-6 units per acre), with the proposed single-family development having an overall density of 4.5 units per acre. The 2030 Comprehensive Plan describes Low Density Residential as areas intended to create,preserve, and maintain the places to live that define the primary character and identity of Apple Valley. A variety of housing types may be built in the "LD" areas including single-family detached dwellings, duplexes, twin homes,townhomes,and other types of low density attached housing that range between three to six units per acre. Most single-family residential neighborhoods are zoned "R-1", 44R-2", "R-3", and "R-CL". 44R-5", "M-1", "M-2", and "M-3", and "PD" districts are eligible for this land use category provided that the performance standards are met. �F I 'tmh 0 s ' SITE 4y x, x w =` Proposed Comprehensive Plan Designation "LD" (Low Density Residential/2-6 units per acre) On September 17, 2014,the Planning Commission recommended approval of the proposed Comprehensive Plan Amendment. The recommendation was forwarded to the City Council who approved the submittal of the proposed amendment to the Metropolitan Council at their September 27, 2014, meeting. The Metropolitan Council has reviewed and approved the proposed amendment. Livable Communities Impact: The proposal will add 22 market-rate single-family dwelling units to the City's existing housing stock,which is consistent with the following goals of Livable Communities Act: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the lifecycle. Zoning: The property is currently zoned "Planned Development No. 703/zone 8", which allows only for sand and gravel extraction. The applicant is requesting to rezone the 4.93 acres of property proposed for residential development "Planned Development No. 703/zone 213", which would be a new subzone within the planned development. Zone 2, an existing subzone of the planned development ordinance allows for single family and two-family dwelling units and townhouse dwelling units provided that no single structure has in excess of six dwelling units. The petitioner is proposing a development that would consist of single-family detached townhouse dwelling units on a 44-ft. x 78-ft. (3,432 sq. ft.) and 44-ft. x 90-ft. (3,960 sq. ft.) lots. This is less than the minimum lot area of single-family lots currently allowed within zone 2, which are currently 4,800 sq. ft. for interior lots and 7,500 sq. ft. for corner lots with a minimum lot width of 40 feet. However, in determining lot area for townhomes,the City will usually include the common area in its calculation.When including the 112,407 sq. ft. of land within the common area,this 22-unit project would have 8,805 sq. ft. of land per unit. The proposed development will meet the minimum area requirements as well as the minimum building setbacks set forth in zone 2 of the planned development. Therefore,no new subzone will need to be created. -J u _ 135TH ST W 4 I --- -- j PD-703 6 L, F a � W01- __R i 1 SITE � - 157TH ST. ` - - 6 1 J8TH S'T W Zoning Map "PD-703/zone 8"(Planned Development) Preliminary Plat: The preliminary plat,which encompasses approximately 4.9 acres,is currently platted as an outlot (Outlot C, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION). The petitioner is proposing to plat the outlot into 24 lots for the purpose of constructing 22 single-family detached townhomes,with Lot 8, Block 1 and Lot 16, Block 2 to be used for common open area for the residential development. Drainage and utility easements will be established over all of common area lots. An access restriction easement should be established over the northern one-foot(1')of Lot 8, Block 1 and Lot 16,Block 2 that will restrict direct driveway access to Cobblestone Lake Parkway. The remainder of the property will be platted as an outlot(Outlot A). A 28-foot wide private street that will be constructed within the 30-foot wide outlot,which will provide access from Cobblestone Lake Parkway to the lots within the development. The width of the street will allow for parking on one side of the street only. Site Plan: The site plan indicates the development of a 24-lot subdivision for the purpose of constructing 22 detached townhouse dwelling units, with the remaining two lots to be utilized as common open area to serve the dwelling units. Vehicular access to the units will have access from a 28-foot wide private street located within Outlot A. This street will intersect with Cobblestone Lake Parkway at two locations. There is currently a raised center median in Cobblestone Lake Parkway that will restrict access to the site to a right in/right out turning movements only. The applicant has stated that they will be removing the median at the two intersections to allow for full movements at each location. Cobblestone Lake Parkway has recessed parking that will be impacted by the private street intersections. Curb modifications along the south side of Cobblestone Lake Parkway will need to be made at those locations. Each dwelling unit will have an attached three-stall garage and available driveway space to accommodate the parking for two to three vehicles. Guest parking will be available on one side of the private street and on Cobblestone Lake Parkway. Because of the limited parking on the private street within the development, driveway widths at the street shall be a maximum width of 14 feet. This will allow for the maximization of the on-street parking. Grading Plan: The site has been rough graded as part of the sand and gravel mining reclamation and installation of public utilities and road construction. Minimal grading will be done to the 4.9-acre site for overall drainage purposes and to accommodate the rear walkout dwellings on Lots 2-4,Block 1 and Lots 3- 13,Block 2,and rear lookout dwellings on Lots 1,and 5-7,Block 1 and Lots 1,2, 14 and 15,Block 2. The City Engineer has reviewed the grading plan and he has identified the following issues: • The emergency overflow (EOF) identified on the grading plan only indicates overflow to the low point of Cobblestone Lake Parkway. The EOF to allow for overland drainage from the site to Cobblestone Lake shall be identified. • The low opening to properties shall be set at a minimum of one foot above the EOF elevation. Revisions shall be made per the City Engineer's comments. Elevation Drawings: The elevation drawings show that the exterior finish will consist of a combination of horizontal lap,vertical board and batten, and shingle shake siding, and stone. The drawings do not indicate the type of material that will be used for the exterior siding. The use of vinyl, steel, aluminum, or similar materials for the exterior finish is prohibited in this planned development-zoning district. The exterior siding materials should consist of fiber cement and/or wood fiber manufactured from wood strand materials for the siding and trim for the exterior finish, which meets the requirements set forth in Planned Development Ordinance No. 703. Landscape Plan: The landscape plan identifies a variety of conifers and deciduous trees, and shrubs for the site. A row of plantings will be installed along the south side of Cobblestone Lake Parkway to provide screening and soften the view of the development from that street. The plan was reviewed by the Natural Resources Coordinator and he indicated that the three crabapple species proposed are not disease resistance. Disease resistance is important against apple scab, a common disease that causes crabapple trees to lose foliage prematurely often beginning in June. Disease resistant Crabapple species are recommended. Prior to issuance of a building permit, the petitioner shall submit a revised landscape plan that addresses staff's comments and a landscape bid list or other form of documentation which verifies that the minimum cost of live landscape materials, excluding sod, equals 2-1/2% of the estimated building construction cost based on current Means construction data. Availability of Municipal Utilities: All municipal utilities will be available to the site via existing utilities located in the Cobblestone Lake Parkway right-of-way. Sanitary sewer and watermain lines to serve the individual units will be laid in Outlot A. The City Engineer has reviewed the utility plan and has the following comments: • City staff shall perform utility design. • Existing utility stubs not utilized shall be removed or abandoned. • Storm sewer structure ST-5 appears to be designed to minimum depth. Utilizing a lower profile casting will allow for more vertical adjustability of the structure. The plan shows a storm sewer connection from an existing storm sewer in Cobblestone Lake Parkway to a manhole in Lot 8,Block 1. The City Engineer is recommended that storm water discharge from the site be directed to the existing infiltration basin south of the site. This can be accomplished through a combination of overland and pipe flow. Street Classifications/Accesses/Circulation: The site is bordered by Cobblestone Lake Parkway to the north, a public street. Two private street connections will be made as part of this proposed development. The private street will provide vehicular access to dwelling units and circulation within the development. As stated previously, median cuts in Cobblestone Lake Parkway will need to made to provide full access to the existing public street system. This proposed residential project will generate approximately 221 vehicle trips per day. The public street system adjacent to this site has been adequately designed and constructed to accommodate the number of trips that will be generated by this proposed project. Pedestrian Access: Existing sidewalks are located all along both sides of Cobblestone Lake Parkway. Sidewalks should be installed along both sides of the private street to provide pedestrian access within the site and to Cobblestone Lake Parkway. The site abuts Cobblestone Lake Park to the south, west, and east of the site. Park trails exist in these locations, but the significant grade change from this site to trails and space between dwelling units prohibit the ability to make connections from the subject property to the park trails. Public Hearing Comments: The public hearing was held on September 3, 2014. One person spoke and had three concerns. The first related to the reduction of the number of units proposed vs. the number originally proposed for the site and the impact that would have the development's contribution to the master development association. That is a private land issue and not part of the City's review. The second comment was regarding proposed site grading and impact to the low area within the public park to the south, which is a storm water infiltration area used for the collection and infiltration of storm water runoff. No grading changes are proposed for that area. Finally, a concern was raised regarding construction vehicles accessing the site via streets within the developed area of Cobblestone Lake. Generally, the City cannot prohibit the public from using public streets to access property within the city. Staff would strongly encourage the developer to avoid using public streets adjacent to established neighborhoods within the development. Metropolitan Council October 21, 2014 Thomas Lovelace,City Planner City of Apple Valley 7100 W. 147`1' Street Apple Valley, MN 55124 RE: City of Apple Valley Cobblestone Lake North Shore Comprehensive Plan Amendment Metropolitan Council Review No. 20591-12 Metropolitan Council District 16(Wendy Wulff) Dear Tom, We received the City's Outlot C Cobblestone Lake North Shore Comprehensive Plan Amendment on October 3, 2014. The amendment reguides 49 acres from Medium Density Residential to Low Density Residential. The proposal is located at the southeast corner of Embry Path and Cobblestone Lake Parkway. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by the Council on July 28,2010. The proposed amendment does not affect official forecasts or the City's ability to accommodate its share of the region's affordable housing need.The City has sufficient land guided at densities high enough to develop affordable residential units. Therefore,the Council will waive further review and action;and the City may place this amendment into effect. The amendment,explanatory materials,and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about this review,contact Patrick Boylan, Principal Reviewer,at 651-602-1438. Sincerely, LisaBetlf'Barajas,Manager Local Planning Assistance CC: Crystal Sheppeck, Minnesota Housing Tod Sherman,Development Reviews Coordinator,MnDOT Metro Division Wendy Wulff,Metropolitan Council District 16 Patrick Boylan, Principal Reviewer Raya Esmaeili, Reviews Coordinator N:Icon:mDeviLPAICommunities'llppie Yatley1etters Apple Palley 2014 CPA Cobblestone Lake North Shore 20591-12_ADARIV REHETV does www.metrocouncii.org 390 Robert Street North ® St.Paul,MN 55101-1805 • (651)602-1000 o Fax(651) 602-1550 . TTY(651)291-0904 An Equal Opportunity Employer CITY OF APPLE VALLEY RESOLUTION NO. 2014- AMENDMENT TO THE APPLE VALLEY COMPREHENSIVE PLAN COBBLESTONE LAKE NORTH SHORE WHEREAS,pursuant to the Metropolitan Land Planning Act of 1976 the City of Apple Valley is required to prepare a Comprehensive Plan; and WHEREAS,the City of Apple Valley on January I'4,°2010,adopted a plan titled City of Apple Valley 2030 Comprehensive Guide Plan; and WHEREAS, a public hearing on a proposed amendment to the 2030,Land Use Map contained within the land use chapter of the Plan was held on September 3, 2014; and WHEREAS, the amendment to the 2030 Land'nUse,,Map'was adopted by.the Apple Valley Planning Commission on September 17,201°4; and WHEREAS,the amendment was accepted by the City Council and authorized for submittal to the Metropolitan Council on September 25,2014; and WHEREAS,the metropolitan Council determined that the amendment would have no potential impact upon metropolitan system plans as indicated in their letter dated October 21, 2014. NOW,,THEREFORE;'BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County;Minnesota,that the.amendment to the Apple Valley Comprehensive Guide Plan 2030 Land Use Map, as attachedhereto, is"lereby adopted.- ADOPTED this 13th day'ofNovember, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY,MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP BY REZONING CERTAIN LAND IN THE CITY OF APPLE VALLEY,DAKOTA COUNTY,MINNESOTA WHEREAS,the Planning Commission of the City of Apple Valley held a public hearing on property described herein on September 3,2014, as requiredTiy City Code Section 155.400(D), and WHEREAS, on September 15,2014,the Planning Commission recommended the rezoning as hereinafter described. NOW, THEREFORE,BE IT ORDAINED by the City Council of the:. ity of Apple Valley, Dakota County,Minnesota,that: 1. The boundaries of the zoning"districts established by City Code Section 155.006 are hereby amended by rezoning the following described property located at southeast corner of Embry Path and Cobblestone Lake Parkway from"PD-703/zone S" (Planned Development)to "PD-703/zone 2" (Planned Development):- Outlot C, COBBLESTONE LAKE COMMERCIAL ARD ADDITION, Dakota County,Minnesota 2: :This 6rdinance shall become effective"upon its passage and publication. Passed this 13th day of November, 2014. Mary Hamann-Roland,Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2014- PRELIMINARY PLAT APPROVAL COBBLESTONE LAKE NORTH SHORE ADDITION WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as Chapter 153 of the City Code,regulations to control the subdivision of land within its borders; and WHEREAS,pursuant to Chapter 153 of the City Code,the Ci y Planning Commission held a public hearing on an application for subdivision of land by plat,'on September 3, 2014 and WHEREAS,the City Planning Commission reviewed the preliminary plat for conformance with the standards of Chapter 153 of the City Codi and made a recommendation regarding its approval on September 17, 2014, subject to conditions. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City"o f Apple Valley, Dakota County,Minnesota,that the preliminary plat for the fallowing described plat-of land is hereby approved for a two-year period;-to wit: COBBLESTONE LAKE NORTH SHORE ADDITION BE IT FURTHER RESOLVED,pursuant to Chapter 153of the City Code,that said preliminary plat approval is subiecf"tet the following c6nditions;which shall be incorporated into a subdivision agreement to be considered for approval at the time of submission of the request for final plat approval: 1. . Theplat shall be configured to have tweqty-four(24)lots and one(1) outlot. 2. Park dedication requirements are,based upon the City's finding that the subdivision will.generate a need for,67 acres Of parkland in accordance with adopted City standards,:for park services. This required dedication shall be satisfied in accordance with the apbioved master park plan for the Cobblestone Lake development 3. The storm water pond requirements have been satisfied in accordance with the "First Amendment to Restoration and Subdivision Agreement dated December 29, 2000. 4. Dedication on the final plat of draining and utility easements within the plat sufficient to serve all units within the development, either as defined or blanket easements. 5. Installation of municipal sanitary sewer,water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards,including the acquisition of any necessary easements outside the boundaries of the plat which are needed to install connections to said necessary improvements. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. 6. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies,to consist of five-foot(5')wide concrete sidewalk on both sides of the private street to be constructed within Outlot A. 7. Submission of a final grading plan and lot elevations with erosion control procedures,to be reviewed and approved by the City Engineer. If the site is one(1) or more acres in size the applicant shall also submit a copy of the of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000-7100.1100 regarding the State NPDES Permit prior to commencement of grading activity 8. Installation of City street trees on boulevard areas of public street right-of-ways,in accordance with species, size, and spacing'-'standards established m.the Apple Valley Streetscape Management Plan. 9. A private street, a minimum of 28 feet wide, shall be constructed within Outlot A. 10. On-street parking along the private street shall berestricted to one side only. 11. The maximum width of all driveways at the street shall be 14 feet. 12. Sections of raised median in Cobblestone Lake Parkway, located adjacent to the private street intersections, shall be removed. 13. Curb modifications along the south side of Cobblestone Lake Parkway shall be made at the private street intersections. 14. The three Crabapple species proposed on the landscape plan shall be replaced with a disease resistant'species. 15. A final laiidseape plan and detailed landscape planting price list shall be submitted for verification of the City's 2'/2% landscaping requirement prior to issuance of the first building permit 16. Dedication of a one foot(1')wide easement that restricts direct driveway access to Cobblestone Lake Parkway. 17. Installation of a public(or private) street lighting system, constructed to City and Dakota Electric Company standards. 18. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.in. Monday through Friday. 19. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. 2 20. The City receives a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the subdivision agreement. ADOPTED this 13th day of November,2014. Mary Hamann-Roland,Mayor ATTEST: Pamela J. Gackstetter, City Clerk ,n 3 Gnaw' COBBLESTONE LAKE COMMERCIAL 3RD ADDITION - - -� N DRS OE AND URLITY EASEMENTS AREE SHOW]HUS BEARING S ARE BASED ON THE SOUTH UNE OF THE SOUTHWST OUATER OF SEC.36, g I 24, I I N T.115.R.20 WHICH 15 ASSUMED TO 8; HAVE A BEARING OF N89WIeE. NOTE:NO MONUMENT SYMBOL SHOWN AT ANY STATUTE -EAGLEBAY DM. REQUIRED LOCATION INDICATES A PLAT MONUMENT - I -- -- -_1-- THAT PALL BE SET W11HIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS nET Ooaa SHALL BE 1/2 INCH"14 INCH IRON PIPES MARKED vAw"i1�,Au"f YBY R.L.S N0.12294. \\✓/ it s4 /! •Y BEING 10 FEET IN WIDTH,UNLESS SITE OTHERWISE INDICATED.ADJOINING 0 MOM 1/2 INCH IRON MONUMENT FWND __—LANE RI HTHE OF LINES.AS SNG. .A.H. T WE SCALE IN FEET -- s w IflT.1 5,RFE 0 t00 20D 300 Sa.M R� - - - - I SGVICINITY MAP —I— — ,55TH STREET .. _'sFono�MASDa°AA a0:o.. AaK.j Y I T - 694.80 S89°57.54"W J LL-- - 62.t2 '•�' F EXCEPTION Q\` EXCEPTION r7ooroza12 ° s 52.86- _ __1_________________ ______________ d•10ro5'48' .. LANE EAo za°ERutim06"oz -�'�___ �t�``M' Qi LTJ \ A R=300.00 ANP ` a) n-z6°z259' - „•E \ Sy >F-�` .. I 200.00 Ld 2 207s9< ¢ OUTLOT B � 0) O R-400.00 'lC " ?, \ - .) 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INC. - err s or o COBBLESTONE LAKE NORTH SHORE APPLE VALLEY, MINNESOTA C PRELIMINARY PLAT EXHIBITS FOR N Y SOUTH SHORE DEVELOPMENT, LLC �z R 6800 FRANCE AVENUE SOUTH, EDINA, MN 55435 co)W PHONE: (952) 322-8704 FAX: (952) 322-8705 C N g-9 E z �a9R IND n TITLE SHEET 1.1 EXISTING CONDTTIONS 1.2 SITE INFORMATION 1.3 PRELIMINARY PLAT 1.4 ''" • a x1 a, _ - - Id1 s. ;- PRELIMINARY EROSION&SEDIMENT CONTROL PLAN 2.1 ^;E - - ^* EROSION &SEDIMENT CONTROL DETAILS 2.2-2.3ti- € ''°Y''KW ="" - "' ✓; ---- -- PRELIMINARY GRADING & DRAINAGE PLAN 3.1 CL�LC' C 1.1; PRELIMINARY UTILITY PLAN 4.1 3 4 STREET PROFILE 5.1 igvjjl! 5 6 DETAILS $ yis .. •. i 'C _ f LOCe TICNNMAP z� 16 j-=' �"- E%ISTNG ASPHALT SURFACE U� =111-1 f0 EKSTINC CONCRETE"FACE 'a ic' H 5 : � yF OT' "k , / �--EYJSPNG WATERMAM W I:,.�8 SITE AREA - ( �" �= p EOSTIND SANITARY SEWER O F DVERPII GROSS AREA-214,898 SF.OR 4.928 ACRES I l 4{'� I/ �' E%ISTNG STORY SEWER O BENCHMARK ;y,O EIOSTING CONTOURS � TOP NUT NYORANT EA—ENO WAY 3 COBBLESTONE LAKE PARKWAY. 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J22241-70-SR-D max°; "�" �:'" w :mow ry nmmrrwm.ww.w a •w.wr..wiwe.rmmm GOPFI�E STATE ONE � mm T.T, x.:gash CALL 48 HOURS BEFq YOU DIIk TMIH OTY NFA 651-4.54-3D52 4k.TOLL FREE 1-600-252-1166 F.\-1 3D P--\Z2--70\--AT—S\2224-0—d— 7/1111—11:1— 01 t yy a 113 jai oil if I 1. iIf do i a $ If F. II �as J a4 if;I ;ii ';g % a yy e:Eil3.`itH �A ay►.�f@ i� ( �i.s i i � pe e a0 9i COBBLESTONE LAKE NORTH SHORE N o e A APP E VALLEY.MINXES TAS James R. Hill, Inc. "N Do uS N's 9 f EROSION &SEDIIIISNT CONTROL DETAILSPLANNERS/ENGINEERS/SURVEYORS a o < SOUTH SHORE DEVELOPMENT. L.LC 7500 W.C.R.42 Su[1X8-YN ssan 6000 FRANCE AVETUE SOUTH,FDINA MN 55135 oh9lnna R°O+I.-19i95— PHUNE:(932)899-8044 F*(952)89D-8244 GOPHER STATE ONE CALL _ V CALL 48 HOURS BEFORE YOU 0IO7 /,nj^I r^Tnnir- 1 Ali- /,nE il.Ir--)/,)AI : )n AnnlTll'�nI =� IM,Ott AREA 651-454-0092 vVL.�..L.L_.:I V IV L LJ'11,L vVIVIIVIL�\vlrtL_ . �"l IJ I Lj Lj Iv _ 9N-MU.FREE 1-800-752-1186 ' r TT rn y EX SSMH EX SSMH i ^ RE 928.30 RE 928.92 RE 932.21 INV 15"918.24(W/E) INV 15"917.90(W/E) INV 15"918.65(W/E) � �-`° "T' �� '- EX SSMH EX SSMH ," X CBMH C L v i E; NV 929.22 E 929.98 N �""I RE 926.42 5"917.62(W/E) NV 15"917 48(W/ N� -r"+�'<..,.a _�� •^^.y ja fz-•1 vel_`-.d?�SF.).:, 1 "r" a� .'s' _. 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SCE IN FEET ' CAD FILE AL GOPHER STATE ONE CALL o 0 00 o 222+1-70—u / CALL 48 HOURS BEFORE YOU DIG! m.n-5a feat PROJECT NO. 1YAN C"AREA 651-454-0002 22241-70 MN.TOLL FREE 1-800-252-1166 4.1 v b ca EW9cc � 955 955 . R1 L 950 +- 950 945 r' .i t ax.o3 PN 6LEv Lii,. S 940 40 9354 ! t. + t 1 6 r I 935 930 i ! ' �. ..,'. 1 '1 ti 193 92517_0 ' 925 0 ,''920' E. A _ w U+00� 0+50 1+00 + 2+00 2+50 3+00 3+50 44-00 4+50 5+00 5+50. 6+00 6+50 +06 7+50 8+00 6 W <M e PRIVITE DRIVE U � O fn DRAWN BY PLN DATE 07/25/14 REY SIONS a2 5 CAD FILE 22241-70-PRF GOPHER STATE ONE CAi—< PROJECT NO. CALL 48 HOURS 900RE YOU OIG' 22241-70 101N LOY AREA 651-454-0002 4H TOLL RIFE 1-8[0-252-1166 5.7 �RR.,d`n4 x4,40 7�._�_ I"lx -".,xe.04.xEmn ands ff x c �. 7 1 uC.POPxoa°�o,E4Ns°nFla nud°°sE mx"mdc,ooa,xdrs 5" +-, r /' �.wm _ f1 �—�- S��T�tfl \ /� ar� ..a,x..: e,ww a I ----------- U --- -- ,4m m Un---- N.M. °�cN°x,xnmw"x N">fRx.Loex,wxs (q + r xa a.ao� N a csc�idnd4xaop1Y"MV=12 11 PLL BE°FW� rtO uw q ¢ y L � $ v yn,xaa � RW rtw 9 LLaxx4�n � R4d�x� 1�xEl6 k_ cc _ xx 4xaw�R.�,ne9 � ; "�7 11 1— 9 44x �Nn S�a:m i d' ,_. 4EI, xE 4 u — d R"o > 1 .'hr mNmurn10 w.ruorvN w� �" 'Yk'°' , 'In ",•••,• E TNS I #wxxwo 590.1 # #msnm I1/ '�,ll #wawm (adNI4 4(ad*nik'/mM tt Cdwa:*o vuiA+o artsWvs WFxsxdrNi9&�x — "mco.9 Eµ,lndRd u,M. .— Tx,x4g RIu,9 uv nREn N,xxama,�ININ sE3 n s meEs rorcxux sxx.K °n gp' ARIES _Si E$�� xTeo er nfe na gEE sn4EET SEC„4N S 4N. p°AS NOIED BY PIFN €€ m Ta E4EkH ig rt Twx x 44x..4xd.» z "i cJ .. �as wxsx"ei no uwcTM�E ma�•:�roixn"SUPE 1X" �� � IDT BENCHING DETAIL s"`4Rs sTuroAmTRwiw w deux�snrz eax�.�.�.e r wa:r.w-ac,. x.a 9ws.nd A.oxo,gertd¢MRNif[°Y ptEw4 4xaiL F C s al. RAMBLER srcnoN_(R) V01%=11— I DA" TIF`el PUBLIC STREET SECTION WV� P. 8 IT VP TM�axm S 11 IF .F%A.NE 1--ME SRET ETON m15Q�35' K-AM- 'N tee.,a e° T as"�d Rm�. °. Row TdLo° xTM°Wrxx ze� 9°a � � e N eN Nn ° a� o IN $AMBLER LOOKOUT SECTION LO) 51p°"`F°" ��� o°RNE94,a :,°xLEa m'oso w91o�`Sds"e�� s REquno,€rs4i_w"eE °snxiiE u wosi o Siem U nsT"SS"A RVfO M22.2..l Y °°P4P TMT" a,.x.L N RE-SEE W n M Fd.94'ffNxid A4asw wR.a:[S4E W9365 x:"T¢4.aas 9rtR and 4w Pd.,c,ats FIOSxX.� 4I S,9vEs14 N.VxR ff IOW''L,EFS m xEs��. TnseE,z s z,- "s°jr wTs o au axsP ddo ^"7tan'P°u zn"' xre�°"�`Ra w'Iu,i�Jw n sEE sTREET sEcna6• zs la zs MIN. � IW 4m"mx ,�ESR ^MNb a[nF 4a: °xida m°m'o .°,irm,:,awdiv°�a�°'E"r"a> siow(03bd,'�c.vx TYPICAL LOT RAMBI ER WYtI KOUT SECTION(RWO) �^• ^4� BUILDING CITE&QTR TnSU RADE CORRECTION DETAILE o NO. GOPHER STATE ONE CALL p rut 48 HU RS BEFURE TW M TWN pTY AREA 651-4544002 8.1 MN.WLL FREE 1-800-252-1166 �..w=ry _�w max„._ yx £�i..w., •..�. - -.a - m.xi.::. .. _ .>; - - "'�}' .. -e.__� -,. .. ..� ,., •ca,.w.... ... _ ,- .. ,,���a��..,. ,..�,�-'� 5._fir_._ _maw ,:, � R' _ 1 k W :. s � � 5 _ •v `fit+ r..- �� }— ' uJ Ll a :' LLI ir i 3 II 2 . i }. • BlDo ixP'� "5�� w a 1 i G•: � I.,, -- TYPE .` a Q TY BLD _ BLBG NPE .. L •..:• Y[ k C- U d ¢ , ^ PE " BLDGITYPE li ly I I n a LDO NPE ._ BLDSa NPE- BLDG NPE B B E R n O< i ut,, ♦,\` �'\ ¢ \ _ _. - _..... __ P� 8-20-2014 8.142014 I f Lu , BLDG TYPE B / NPE , Uzi BLDG BLDG N'PE BLDGTYPE _ BLDG TYPE SLOG TYPE _ Lu C r I � Y I �cd r ♦ w� _ "LT W \t _ a x . cn r 4i 1 r 31 .4(T iR v - _ ....,< _.- SCI ID COMMON NAME SIZE CONT_ ID COMMON NAME SIZE CONT. g m SUN1 SPIREA- RENNAISSANCE #5 CONT. PRNL1 LILLY-HAPPY RETURNS #1 CONT. 0 x SUN2 JUNIPER-GREY OWL #5 CONT. PRNL2 YARROW-OERTELS PINK #1 CONT. SUN3 FORSYTHIA-FIESTA #2 CONT. PRNL3 GRASS-SHANENDOAH #1 CONT. "E 5Fl60mRE&DBY N�` w � SUN4 _ POTENTILLA-GOLDFINGER #5 CONT. PRNL4 SEDUM-PINK BOMB #1 CONT. SUN5 WIEGELA-WINE N ROSES #5 CONT. PRNL5 HOSTA-GOLD STANDARD #1 CONT. ­T-°F RD-""r SUNB DWF LILAC-MISS KIM #5 CONT. PRNL6 ASTILBE-VISIONS IN PINK #1 CONT. r xw:� mro � wuan Jaw waa r mw— s"EETTme: PRNL7 CATMINT-WALKERS LOW #1 CONT. FOUNPA11ON SHADE1 DOGWOOD-REDTWIG #5 CONT. - LNSIIHE BD�n° ro-�J�8�. pI.AN11NG5 SHADE2 HYRDRANGEA-ANNABELLE #5 CONT. L � SHADE3 YEW-TAUNTON #5 CONT. w«PLL.:tea I��AN NOTES �JwrcL n"Ls rm" w xor LxnvnJL�ft°°JBALL �! SHADE4 VIBURNUM MOHICAN #5 CONT. wmm sBEErBo.: 1.BEDS:1.5"RIVER ROCK OVER FABRIC 1 SHRUB • 2.EDGING:PVC COMMERCIAL GRADE �A-2 -,r• - �, - .v, a.,. �i� ,sem, �,#-®,.„.�r�” (2) 6'BH SPRUCE 1) T-8'BH SPRUCE " (1) AUSTRIAN PINE 1) AUSTRIAN PINE LLl" g— (Z VIBURNUM TREE (1) 6'BH SPRUCE ¢Z -(2) CRABA u'Q (1) LINDEN NUM TREE w (� BUR I (2) T-8 BH SPRUCE 1) MAYABI STATE TREE I ~ _ F 0 1)_AUSTRIAN E — 6'BH SPRUCE (3) LILAC SH I (1)'AUSTRIAN PINS (2) 7'-8'BH SPRUCE w z _1 —o ->--- > c��RreBAPPtE—��. ROW __ - + + - + + - p� r - :� r ROW (n EASEMENT_ _ Q ) (8) VIBURNUM SHRUBS _ I„c (1) .LOCUST ( 7-8'BH SPRUCE 2) CRABAPPLE ISSUE/REVIS_ IONS— (� (1) LOCUSTTREE � ” (5) VIBURNUM SHRUBS f CRABAPPLE \ (1) CRABAPPLE 8-14-2014 - J (2) CRABAPPLE `" > (1) VIBURNUM TREE O F- Z Lu \, Lu \ (3) LILAC TREE J O > (1) VIBURNUM TREE Q j \ Lu (4) CRABAPPLE (.2) CRABAPPLE J Lij o (2) LILAC TREE (2) SERVICEBERRY TREE Z O (1) VIBURNUM TREE DLo -O O Z SERVICEBER (1) LILACTREE "'"" - RY TREE f J ID COMMON NAME BOTANICAL NAME SIZE CONT. m PRIMAL AS fFID pRE0m1 BY THE LNUSCAPE PRUM AS RELD pRECTS BY DHE LANDSCAPE BH6 BLACK HILLS SPRUCE PICEA GLAUCA'DENSATA' 6' B/B ARDN'TECT TD.PNCE APPEARANCE(NE— HENT. . SLS APPEARANCE(RETINAL o O BH78 BLACK HILLS SPRUCE PICEA GLAUCA'DENSATA' 7'-8' B/B STMI GDROAL-BEE EPECIHCAOXB BT KND PECECA,ONB AUS AUSTRIAN PINE PINUS NIGRA 7'-8' g/g AK B'xSIR WOODEN STAKES,STAINED100 BRO N MME EN.S E""SAKES,PAINED Two ALL BE LA NRA TY12V T TME,I4R. 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B/B BACIN,LLAB=PE�ED VIB VIBURNUM TREE VIBURNUM LENTAGO 6' B/B R DO Nm EKCAVATE BHaw ROD BU _ a.S.S.WSE ILL AS BPECPIFD SVC SERVICEBERRY TREE ALMENCHIER XGRANDIFLORA 6'CLUMP B/B "D"aTOMD�O"°" L� _I DO Nm E—ATE SHEET Ll BLUE MUFFIN VIBURNUM VIBURNUM LENTAG #5 N aRomBU uaw Roo BA IVBS EVERGREEN TREE DECIDUOUS TREE Q LIL HINE E LILAC SYRIN A X CHINEN I 5 NT. AL T s 2 AL T s \ • Tr k Sy_ yyyy 1 � �� 6���v .,, • v dam? ..<... 5 .r s,,,a s ,rt ,�,3`�.`s^Tr'���. Y � ".: N. .:^f i,�°(� �vJa �*�Fe� r� z �i•�i �w x - 33 010 ' •lel pal N kim 0 ism ! , a i - • • i LI 4 I IT I lma I T L140 m I - I 1. s �� / of �� • o M a -- �s k. Y h r 'car 0 10 IMMS Maw, , � Y g, f l � I Y n L r� v m� I Ace" Gni x/m I �®� ��✓_ ®tel EH aav--Avenul ZAP 24�� _�' •/, _ C-) eT oyr41, o �C • p -AAA l L-a r�X74 o moi' ia' /y •G•iv ® I 10 1 mil ® ♦ k - S.a • ter. a r. a w- r 5 ire gVC dw � Al' v NZ a n S �ui� '94r �'e11'. "x f��. f X• � f � 77 P � 6 K� k �W �" sx - u':, "�+�^,k✓x �rr^ir�+�.m, 'a�'Nv*� r �:. :� m,�^.�. ,..ter �' r� a ��'e*i m��- ,x..� �• ;a:_`.��_ F'%_:- •,? "26 rarer - r-ti, .,,xs'�: �.+. �`i -�>� � ,� •� � ,� -� ems-Es� �c, ;,za�.,��- € ,� 9 v _ vrgg I rT r v, x,24- !� . OJ . I amroll' � , t 7 i i I . .®4- opt pow T II TT P 444611 t a�719 r Fl r. > i • s. r .un JAI", W Ana+..ss� ,i ssa � . s m rte« �� . � l r r� 3 : S } m j odA 6zETil ✓ Ax a ✓� �t 24 ®* d _ 0� • I r r �- lab�C t, _ WON 21 om 1 x � F Vs � ARM k _ � l _ Y .H s 1 s �fk s` I -ham - - - - - - - - - --=,Gloms - - - - - _ .. - --- _ _ -- -- -- --- - -- - _ - __ - c 2/•x•21 PIN ,Tr 9 d O _L/2 L111 • � mod� . 4 0-T�� g r .e s ..x - n � F 4 ' :'� acE T�Fa'1'^"r+�£�A�+ frNTi°✓ "5 °" ,r.�2LM.s:` ± .E r �a �r ��� /* i� _G �� �� - .�-�`" .�®tom. � �_ �� � � � � � � , s 17 I � EEO epi'P?L-I-e � o �- n y Gtr: , � INI JZ•,l•iZ i w1w a x � ar §."". _ o, 3✓ f, fP'3' )KS✓r'Y.M1%F' fii'F Y " „ o U' i � X - --�" 9 i �A� �N��,� b' G � � ���� ®.2G-, 4jM Z4� _. " Lap `"Iftamaa� �� /* o' grill �vr I I =• tl ® i , a 11/13/2014 COBBLESTONE LAKE NORTH SHORE APPLE VALLEY CITY COUNCIL PRESENTATION November 13, 2014 COBBLESTONE LAKE NORTH SHORE Request for: 1. Comprehensive Plan Land Use Map re-designation from "MD" (Medium Density Residential/6-12 units per acre)to "LD" (Low Density Residential/2-6 units per acre), 2. Rezoning from Planned Development No. 703/zone 8 to Planned Development no.703/zone 2, 3. Subdivision of 4.9 acres into 22 residential lots,two common lots and one outlot,and 4. Building permit authorization to allow for construction of model homes on Lot 7, Block 1 and Lots 13-15,Block 2, COBBLESTONE LAKE NORTH SHORE. 1 11/13/2014 LOCATION MAP 34 T 09 LBT E H&XNti t5 EXISTING COMP PLAN DESIGNATION "MD"(Medium Density Residential/6-12 units per acre 4 � SATE� 189TH STM 2 11/13/2014 PROPOSED COMP PLAN DESIGNATION "LD"(Low Density Residential/2-6 units per acre LD 'i SITE f ry EXISTING ZONING "PD-703/zone 8"(Planned Development) i� T5G PD-743 .._ � SITE 157TH ST W ' e g 15811 ST W � 3 11/13/2014 EXISTING PLAT CO88LESTME LAKE OOMMERCIAL 3FO ADDffM f" SITE PRELIMINARY PLAT � Tr f xc�ar 4 11/13/2014 GRADING PLAN Ali, r 4 A S ya a. P UTILITY PLAN H t, 9. f L l rf 5 11/13/2014 LANDSCAPE PLAN r` Q :. { r E u�max-�[ua-+w � >,Ematia evc�ta,.w ut*xc � .— —.. ,ri{•'�' MODEL HOME REQUEST MODEL HOMES LOCATION F y �p § S '" yz1 q Si 6 11/13/2014 PLAN #1 - FRONT ELEVATION _A T PLAN #1 - SIDE AND REAR ELEVATIONS i, s® [E 4:267 . 7 11/13/2014 PLAN #1 - FRONT ELEVATION MiiS wR PLAN #2 - FRONT ELEVATION 8 11/13/2014 PLAN #2 - SIDE AND REAR ELEVATIONS 4. TIT v 3 � PLAN #2 - FRONT ELEVATION 3 Elm= a ,vim yw wk ' m 9 11/13/2014 PLAN #3 - FRONT ELEVATION —r MUM - mum PLAN #3 - SIDE AND REAR ELEVATIONS f- ,cj s ..:: 7,. �' 10 11/13/2014 PLAN #3 - FRONT ELEVATION LLA 3u til � PLAN #4 - FRONT ELEVATION g 11 11/13/2014 PLAN #4 - SIDE AND REAR ELEVATIONS Jl f � E 171, `. R 4 r J : PLAN #4 - FRONT ELEVATION E, yr 12 11/13/2014 RECOMMENDATION 1. Adopt the draft resolution approving the amendment to the 2030 Land Use Map re-designating Outlot C, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from "MD" (Medium Density Residential/6-12 units per acre)to "LD" (Low Density Residential/2-6 units per acre). 2. Motion approving the rezoning of Outlot C,COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from Planned Development No.703/zone 8 to Planned Development No. 703/zone 2. 3. Adopt the draft resolution approving the COBBLESTONE LAKE NORTH SHORE Preliminary plat. 4. Motion authorizing the issuance of building permits for model homes on Lot 7,Block 1 and Lots 13-15,Block 2, COBBLESTONE LAKE NORTH SHORE. 13 Iwo n s.«•w ITEM: City of Apple�� CITY COUNCIL MEETING DATE: November 13, 2014 Valley SECTION: Consent PROJECT NAME: Merchant's Bank Apple Valley—Amend Parking Setbacks in PD-290 PROJECT DESCRIPTION Request to reduce the parking lot setback requirements along Cedar Avenue for properties within the PD-290 zoning district 20' down to 10'. STAFF CONTACT: DEPARTMENT/DIVISION: Kathy Bodmer, Planner Community Development Department APPLICANT: PROJECT NUMBER: Merchant's Bank Apple Valley PC14-39-Z APPLICATION DATE: 60 DAYS: 120 DAYS: October 8, 2014 December 6, 2014 February 4, 2015 Proposed Action At their November 5, 2014, meeting, the Apple Valley Planning Commission voted unanimously to recommend approval of the ordinance amendment. The following motion will approve the project in accordance with the Planning Commission recommendation: • Accept for first reading and adopt the ordinance amending PD-290, Zone 1, to allow a 10' parking lot setback adjacent to principle and minor arterials where the V2 right-of- way dedication is a minimum width of 90' (waive second reading). Project Summary/Issues Merchant's Bank Apple Valley is in the process of acquiring the former Huntington Learning Center/Metro Dental building at 14990 Glazier Avenue. Merchant's Bank would occupy the area of the building formerly occupied by Huntington Learning Center, while Metro Dental would continue to operate out of its current location in the building. Merchant's Bank wishes to construct a drive-up window and drive-up ATM on the west side of the parking lot. The site plan shows that a drive-thru lane would be constructed along the west edge of the property. The minimum setback for parking lots in PD-290 from principal and minor arterial roadways, including Cedar Avenue, is 20'. The petitioner requests an amendment to allow for a reduced parking lot setback adjacent to Cedar Avenue due to the fact that additional right-of-way has been taken which impacts their use of the property. The building was originally constructed as Jimmy's Lemon Tree in 1976. In 1995, Dakota County obtained 10' of additional right-of-way, resulting in a one-half right-of-way dedication of 90' and reducing the distance between the existing parking lot and the newly established right-of-way line. During the recent upgrade of Cedar Avenue, Dakota County obtained an additional 10' of trail, drainage and utility easement. The proposed reduced setback would allow for expansion of the parking lot for a drive-up lane, while not encroaching into the County's TDU easement. The City allowed reduced parking lot setbacks along Cedar Avenue in PD-290 for two projects when the County required a 100' half right-of-way (ROW) dedication. When the Old Chicago and Cedar Marketplace projects were constructed in 1996 and 1999 respectively, the City allowed the parking lots to be set back from Cedar Avenue five feet. In the case of the Merchant's Bank property, the County obtained a 90' half ROW plus another 10' trail, drainage and utility (TDU) easement which essentially is a 100' half ROW dedication. Budget Impact None. Attachment(s) 1. Draft Ordinance 2. Location Map 3. Zoning Map 4. Site Plan 5. Oblique Aerial 6. Old Chicago/Americlnn and Cedar Marketplace/Applebee's Merchant's Bank — Amend PD-290 Parking Setbacks PROJECT REVIEW Existing Conditions Property Location: 14990 Glazier Avenue Legal Description: Lot 1,Block 1,Apple Valley Commercial P Addn, subject to Parcel 4,Dakota County Right- of-Way map No. 180. Comprehensive Plan Designation C-Commercial Zoning Classification PD-290,Zone 1 Existing Platting Platted lot. Current Land Use Office/Commercial Size: 1.04 Acres Topography: Flat Existing Vegetation Urban landscape Other Significant None. Natural Features Adjacent NORTH Ran Real Estate Properties/Land Comprehensive Plan C-Commercial Uses Zoning/Land Use PD-290,Zone 1 SOUTH Mid Country Bank Comprehensive Plan C-Commercial Zoning/Land Use PD-290,Zone 1 EAST Wings Financial Credit Union Comprehensive Plan C-Commercial Zoning/Land Use PD-290,Zone 1 WEST Times Square Shopping Center Comprehensive Plan C-Commercial Zoning/Land Use RB-Retail Business CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155, APPENDIX F, OF THE CITY CODE ENTITLED "PLANNED DEVELOPMENT DESIGNATIONS" BY AMENDING SECTION A2-5(A) REGULATING MINIMUM AREA STANDARDS FOR PLANNED DEVELOPMENT 290-Zone 1. The City Council of Apple Valley ordains: Section 1. Section A2-5(A)(1) of the Apple Valley City Code is hereby amended by revising the Table, in part, for the minimum parking setback requirements to read as follows: MINIMUM BUSINESS AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO.290 Zone 2 Zone l "1" Uses All Other Zone 3 Zone 4 Uses Minimum Parking Setbacks Along principal or minor arterial 20 (Ni) 20 15 20 5 streets (feet) Along all other streets (feet) 20 20 15 20 10 Side or rear lot line (feet) 5 5 5 5 5 Abutting R district(feet) 10 — — — 10 The parking lot setback may be reduced to 10' when the one-half right-of-way dedication of the principal or minor arterial street is a minimum of 90'. Section 2. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 3. Publication. The City Clerk shall publish the title of this ordinance in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 4. Effective date. This ordinance shall take effect upon its passage and the publication of its title. PASSED by the City Council this day of , 2014. Mary Hamann-Roland, Mayor ATTEST. Pamela J. Gackstetter, City Clerk 2 �re a a APPLE VALLEY 14.7TH ST W �\ N OFFICE CENTER � CAR X I. RYAN ACADE REAL ESTATE APPLE VALLEY Comm WINGS FINANCIAL 149TH ST W rn � MID COUNTRY Q BANK a APPLE VALLEY w COMMONSII U OLD CHICAGO p � GLAZIER AVE HEIL RAISING w. RAMALYNN WILD BILL'S OFF. FIEBER CANES MONTESSORI SPORTS SALOON BLDG CHIRO. AMERICINN ® C.U.I. «'t. CLINIC TETINGER HV11Y 42 FROfJTiAGE RD 150TH ST W w x a f7 a z 0 a w J ..:e 151ST ST W MERCHANTS BANK AMEND PD-290 "a"ey N .S. LOCATION MAP ■ •m 1 . ■ 1 1 1 � 11 r I.� w ��1 aIl J�I�h�a `�►� �;flit ;N7 '.��i+l�.:�_ .o 'lug: �WN � � ElurJ1��R-1rti'd��h I I I _ I I I I KRECM,OBRIEN. I' •, I I 6115Cah91Aww "I ASI A6W i065IASID917 r—�-I r— I r I I •:I JR. I I ' I I EXISTINGkjr ' BUILDING I I I V nox"xExr «««n I W I z I ,•; , y W I I I Q � I ---------- W a W 1 Q U EXISTING BUILDING SQUARE FOOTAGE=7,521 H j i - I E%ISTING: LEASE SPACE#1(DENTAL CLINIC) 4,1215f '• , ,1 / I w LEASE SPACE#2(MERCHANTS BANK) 3,4005f d W N j n `Ij I PARKING SPACES41 TOTAL 'JV (2 ACCESSIBLE) L� W yI { ; j I I 1 PROPOSED: LEASE SPACE#1(DENTAL CLINIC) 4,1215 H Z Q I ST t I LEASE SPACE#2(MERCHANTS BANK) 3,'I_ U Q Q° PARKING SPACES 41 TOTAL W m W 7 , I I (2 ACCESSIBLE) IL, 1 2 x � i I I I SITE ARROWS INDICATE ANTICIPATED TRAFFIC Q CIRCULATION NOT ACTUAL PAVEMENT MARKINGSV U m j 1 I ,1 LL W O, a Fra /� �+ AL N I 11 it CI O SUBVMITfNING AL �1 ARCHITECTURAL SITE PLAN EVALUATION ONLY I I "o"3sale:1/15•=1 0,z 3D' P R01 f� £ �,�� � %moi �• � ,�� �''� 9 v��� ��w £ r z _ a <r ✓ f gi�� ?� fri�� r � '� � ��� � � ,a' 'R „,a - '�, � �✓ i�/"�'` M €-gad` �, a R v. v% t i� gg Former Huntington Learning Center/Metro Dental Building Oblique Aerial 14990 Glazier Ave g cA It 1 NPO OR Y \\\\\ f \ Yggg `\n ky ` S. \ 10 k r l \ \ \\ ` i x k � b � 9 ilk s \ x �l'w `fig � - 4 "��w M_ ..«e• a NA .�.. ��.%� ,.R. ��q ,:��a,...eas wws�au:a<viv �..,; ,..::,,::G:.. ,. ., 3 r�,�.•'„� �•a;;. FicL.. ,, .�..va'/i Old Chicago/Americlnn Constructed 1996 a'xi's �3 a 1-'7\� UR PT MW 5 i s APPLE V OFFICE , � r � Cedar Marketplace/Applebee's Constructed 1999 5.0 11/13/2014 Merchant's Bank Amend PD-290 Parking Lot Setbacks City Council Meeting November 13, 2014 z$'r Requested Action mekJ Consider amendments to PD-290 to revise parking lot setbacks. ung„ 1 11/13/2014 Location Map 14990 Glazier Avenue io � � a s �� SITE a �ti ,a OMM xis Ya�ey', qua �"•. �' ""- '� ,,,.,3,Ye. �:�� a ���r..,,, Zoning Map '�asr d aasTstsTW ` �� q 3 r4s7 Am ER 148TH ST 4 yid-29,9Ui . D-290 a 1 0 1 U SITE, 2 _� . 3 � .._ 150TH ST W 1 Py �"•. i 2 I 2 11/13/2014 PD-290 Parking Setbacks MINIMUM BUSINESS AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO.290 Zone 2 Zone 1 "1"Uses A11 Other Zone 3 Zone 4 Requested Uses Minimum Parking Setbacks Along principal or minor arterial 20 15 20 5 streets(feet) 20- 1,¢ Along all other streets(feet) 20 20 15 20 10tl Side or rear lot line(feet) 5 5 5 5 5 5 -S Abutting R district(feet) 10 — — — 10 14 Merchant's Bank/Metro Dental e W' a- Api0oy ..:. .T v 3 11/13/2014 Right-of-Way Easements _ !1 Additional ROW , �10'TDU Easement Acquired 1995 I Obtaaned 2Q11 .{ _ 777-777= y` ..._ r ''.H11'H.9 ROW i M—ham's 8ahkI 4 i j Metro Dema) j _...._. I i � (: I t7 I c _ ...._ 4 . --- Site Plan 20'Parking; i Setback i I 7 I ,Add F', Rb4V 200 i t 71I 7 O y Trails —:41 . . Drainage, i utility ,._:: : .. - Easement 1 a. 4 11/13/2014 Old Chicago/Americinn -41 MC t Cedar Marketplace y ' I f MowT+ `�� 'q.�;a•.SAx• y<a,T�„, "^rte'. by 5 11/13/2014 Ordinance Amendment Zone 2 Zone 1 "1" Uses All Zone 3 Zone 4 Other Uses Minimum Parking Setbacks Along principal or 20 20 15 20 5 minor arterial CA-11 streets (feet) N The parking lot setback may be reduced to 10'when the one-half right-of-way dedication of the principal or minor arterial street is a minimum of 90'. Recommended Action Planning Commission voted unanimously to recommend approval of the ordinance amendment at their November 5, 2014, meeting. Accept for first reading and adopt the ordinance amending PD-290,Zone 1,to allow a 10' parking lot setback adjacent to principle and minor arterials where the% right-of-way dedication is a minimum width of 90' (waive second reading). 6 11/13/2014 Questions 7 8. City of Apple Valley MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela Gackstetter, City Clerk DATE: November 10, 2014 SUBJECT: CALENDAR OF EVENTS Following are upcoming events for your calendars: Day/Date Time Location Event Tue./Nov. 11 City Offices Closed Veterans Day Tue./Nov. 11 7:30-8:30 a.m. Brackett's Crossing Joint Chambers Energy Breakfast Tue./Nov. 11 8:15-10:00 a.m. Apple Valley 5th Annual Veterans Day Celebration High School Tue./Nov. 11 9:00 a.m. Paideia Academy Veterans Day Celebration Wed./Nov. 12 11:45 a.m.-1:00 p.m. TBD Chamber Mystery Lunch Match-Up Wed./Nov. 12 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Thur./Nov. 13 1:00-6:30 p.m. Ramada LMC & Metro Cities - Metro Regional Minneapolis Meeting Thur./Nov. 13 5:00-7:00 p.m. Mendakota Country Chamber County Wide Business Club After Hours Thur./Nov. 13 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Nov. 13 7:00 p.m. Municipal Center Regular City Council Meeting Nov. 18-22 Austin, TX National League of Cities Congress of Cities and Exposition Wed./Nov. 19 9:00 a.m. Municipal Center Firefighters Relief Association Tue./Nov. 25 6:15 p.m. Municipal Center Holiday Tree Lighting Tue./Nov. 25 6:00 p.m. Municipal Center EDA Meeting Tue./Nov. 25 7:00 p.m. Municipal Center Regular City Council Meeting Thur./Nov. 27 City Offices Closed Thanksgiving Day Fri./Nov. 28 City Offices Closed Day After Thanksgiving Day Each of the above-noted events is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. :sam R55CKR2 LGviS100 CITY OF APF_', ALLEY 10/� 415:07:36 Council Check Register by GL Page- 1 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 10125 10/31/2014 142897 BOLTON&MENK,INC. 250.00 SRVC RELATING TO EMBRY PLACE 257048 171113 1510.6235 CONSULTANT SERVICES PW ENGINEERING&TECHNICAL 7,780.50 STAKING SRVC PROJ 2013-149,RE 257048 171113 4502.6235 2013149G CONSULTANT SERVICES CONSTRUCTION PROJECTS 936.00 STAKING SRVC PROJ 2014-158,HU 257048 171113 4502.6235 2013158G CONSULTANT SERVICES CONSTRUCTION PROJECTS 8,365.50 STAKING SRVC PROJ 2014-112,CO 257048 171113 4502.6235 2014112G CONSULTANT SERVICES, CONSTRUCTION PROJECTS 17,332.00 10126 10/31/2014 100828 BREUER,SCOTT A 1,177.54 NRPA CHARLOTTE NC BREUER 257047 20141018 1705.6276 SCHOOLS/CONFERENCES/EXP OTHERPARK&RECREATION MGMTTRAING 1,177.54 10127 10/31/2014 114590 CRABTREE COMPANIES INC 155.00 IT-PANASONIC SCANNER MAINT 256883 126896 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 389.00 ROLLER KIT-PANASONIC SCANNER 256884 126906 1030.6229 GENERAL SUPPLIES INFORMATION TECHNOLOGY 544.00 10128 10/31/2014 101365 ECM PUBLISHERS INC 525.80 FALL WINE SALE AD 10/2-10/3 00035309 256918 149605 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 200.00 LIQ FALL WINE SALE AD 10/3 00035309 256919 149804 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 787.70 LIQ-FALL WINE SALE AD 00035309 257027 151619 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 60.00 SPRINGS OF AV(OLD WENSMANN) 257132 153027 4902.6239 2015109G PRINTING PHYSICAL IMPROVEMENTS ESCROW 60.00 ORDINANCE NO 976 257133 153026 1015.6239 PRINTING CITY CLERK/ELECTIONS 65.00 AMENDMENTS CHAPTER 155 257134 153025 1015.6239 PRINTING CITY CLERK/ELECTIONS 50.00 WESTERN SERVICE CENTER CUP 257135 153028 1015.6239 PRINTING CITY CLERK/ELECTIONS 75.00 LEGACY OF AV NORTH(PARKSIDE) 257136 148649 4719.6239 201215OG PRINTING LEGACY-IMH 1,823.50 10129 10/31/2014 113547 ESS BROTHERS&SONS INC 1,605.00 CEDAR AV MH COVERS REPL 257028 TT7184 4702.6810 2010108G CONSTRUCTION IN PROGRESS CEDARAVENUE 1,605.00 10130 10/31/2014 114009 FIRE EQUIPMENT SPECIALTIES INC 3,525.42 FIRE-ALUMINUM COUPLINGS 00051751 256846 8531 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS 2,070.00 ANGUS HI-COMBAT II FIRE HOSE 00051751 257031 8538 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS 5,595.42 10131 10/31/2014 116265 GALETON 372.85 SAFETY REPLACEMENT GLOVES 00073193 256889 119900300 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 372.85 10132 10/31/2014 103314 INNOVATIVE OFFICE SOLUTIONS R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 2 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 10132 10/31/2014 103314 INNOVATIVE OFFICE SOLUTIONS Continued... 23.78 PVIFMISC OFFICE SUPPLIES 00040444 256858 IN0625385 1500.6210 OFFICE SUPPLIES PW MANAGEMENT 35.69 CMF-MISC OFFICE SUPPLIES 00040444 256858 IN0625385 1540.6210 OFFICE SUPPLIES CMF BUILDINGS&GROUNDS MNTC 30.79 STR-MISC OFFICE SUPPLIES 00040444 256858 IN0625385 1600.6210 OFFICE SUPPLIES STREET MANAGEMENT 120.86 PK-MISC OFFICE SUPPLIES 00040444 256858 IN0625385 1730.6210 OFFICE SUPPLIES PARK BUILDING MAINTENANCE 48.45 UTIL-MISC OFFICE SUPPLIES 00040444 256858 IN0625385 5305.6210 OFFICE SUPPLIES WATER MGMT/REPORT/DATA ENTRY 120.60 CMF-MISC CLEANING SUPPLIES 00040444 256860 IN0628473 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 207.01 AVCC-MISC CLEANING SUPPLIES 00040444 256861 IN0630451 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 36.55 POL-MISC OFFICE SUPPLIES 00040473 256862 IN0630555 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 97.00 POL-HAND SANITIZER 00040473 256862 IN0630555 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 37.27 AVCC-STRIPPER FLOOR PADS 00040444 256863 IN0631581 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 14.10 CLERK-PENS/REFILLS 00040444 256864 IN0631666 1015.6210 OFFICE SUPPLIES CITY CLERK/ELECTIONS 28.98 FIN-POST IT NOTES/HILIGHTER 00040444 256864 IN0631666 1035.6210 OFFICE SUPPLIES FINANCE 91.72 LIQ1-MISC CLEANING SUPPLIES 00040444 256865 IN0631667 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 225.72 CH-MISC CLEANING SUPPLIES 00040444 256866 IN0633866 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 4.68 HR-RUBBER BANDS 00040444 256867 IN0634743 1020.6210 OFFICE SUPPLIES HUMAN RESOURCES 72.23 FIN-MISC OFFICE SUPPLIES 00040444 256867 IN0634743 1035.6210 OFFICE SUPPLIES FINANCE 17.36 FIN-FLAGS 00040444 256868 IN0634744 1035.6210 OFFICE SUPPLIES FINANCE 43.96- FIRE-BINDERS RETURNED 00040444 256869 SCN025197 1300.6210 OFFICE SUPPLIES FIRE MANAGEMENT 476.81 CMF-MISC CLEANING SUPPLIES 00040444 256870 IN0626417 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 1,645.64 10133 10/31/2014 118099 JEFFERSON FIRE&SAFETY INC 1,925.00 FIRE-HELMETS AND ACCESSORIES 256923 210084 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 1,925.00 10134 10/31/2014 102103 M/AASSOCIATES 41.79 FIRE-ANTIBACTERIAL WIPES 257034 7658 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 41.79 10135 10/31/2014 100393 PUMP&METER SERVICE INC 276.18 CMF-CHIPKEY 00035198 257040 2204723483SO 1540.6215 EQUIPMENT-PARTS CMF BUILDINGS&GROUNDS MNTC 276.18 10136 10/31/2014 101057 REITEN,LISA 39.76 FIN-MILEAGE MAY-JUNE L REITEN 256930 20140605 1035.6277 MILEAGE/AUTO ALLOWANCE FINANCE 39.76 10137 10/31/2014 100486 TWIN CITY GARAGE DOOR CO 315.00 LIFTMASTER BRD DOOR#2 AFS#1 256941 424161 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 315.00 R55CKR2 LGvIS100 CITY OF API .ALLEY 101. 415:07:36 Council Check Register by GL Page- 3 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 10137 10/31/2014 100486 TWIN CITY GARAGE DOOR CO Continued... 259699 10/23/2014 146677 1ST IMPRESSIONS CONCRETE 365.00 REPL DRIVEWAY-6101 132ND WAY 256837 505 2027.6249 2014102R OTHER CONTRACTUAL SERVICES ROAD ESCROW 365.00 259700 10/29/2014 146783 CARSON,JONATHAN 104.16 REF OVPMT UTIL-14342 GENESEE A 257091 20141023 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 104.16 259701 10/29/2014 146784 DRUMMER,DAMIAN 70.17 REF OVPMT UTIL-12735 DOVER DR 257092 20141023 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 70.17 259702 10129/2014 146785 KRAEMER,NEAL 147.98 REF OVPMT UTIL-6491 129TH ST W 257093 20141023 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 147.98 259703 10/29/2014 146786 LEPESKA,PAM 12.69 REF OVPMT UTIL-171 JUNIPER LN 257094 20141023 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 12.69 259704 10/29/2014 146787 MCNAMARA,JOHN 16.57 REF OVPMT UTIL-424 REFLECTION 257095 20141023 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 16.57 259705 10/29/2014 137610 A H HERMEL COMPANY 119.44 TAX#1 00050148 257143 460184 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 827.11 NOTAX#1 00050148 257143 460184 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 78.71- CMNOTAX#1 00050148 257143 460184 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 114.66 TAX#1 00050148 257144 466123 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,132.35 NOTAX#1 00050148 257144 466123 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 2,114.85 259706 10/29/2014 100133 DAY DISTRIBUTING CO 3,371.50 BEER#1 00000115 257145 772171 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 21.50 TAX#1 00000115 257145 772171 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 54.86- CMBEER#1 00000115 257145 772171 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 2,344.40 BEER#1 00000115 257146 773089 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,777.20 BEER#1 00000115 257147 774107 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3,804.52 BEER#1 00000115 257148 775083 5015.6530 BEER LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 4 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259706 10/29/2014 100133 DAY DISTRIBUTING CO Continued... 116.55- CMBEER#1 00000115 257148 775083 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,094.95 BEER#2 00000115 257149 772097 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 328.50 BEER#2 00000115 257150 773046 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 2,452.75 BEER#3 00000115 257151 772123 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 24.60 TAX#3 00000115 257151 772123 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 5.70- CMBEER#3 00000115 257151 772123 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,575.70 BEER#3 00000115 257152 773076 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 15.35- CMBEER#3-BREAKAGE 00000115 257152 773076 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 71.90- CMBEER#3 00000115 257152 773076 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 781.90 BEER#3 00000115 257153 774133 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 21.50 TAX#3 00000115 257153 774133 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 229.60- CMBEER#3 00000115 257153 774133 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 17,105.06 259707 10/29/2014 100372 PAUSTIS&SONS 1,679.00 WINE#1 00001291 257154 8470071 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 26.25 FREIGHT#1 00001291 257154 8470071 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,754.50 WINE#1 00001291 257155 8469004 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 22.50 FREIGHT#1 00001291 257155 8469004 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 119.02 WINE#1 00001291 257156 8471084 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1.25 FREIGHT#1 00001291 257156 8471084 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 581.24 WINE#2 00001291 257157 8469005 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 8.75 FREIGHT#2 00001291 257157 8469005 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 126.00 WINE#2 00001291 257158 8470077 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2.50 FREIGHT#2 00001291 257158 8470077 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 270.36 WINE#3 00001291 257159 8469022 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3.75 FREIGHT#3 00001291 257159 8469022 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 974.23 WINE#3 00001291 257160 8470074 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.50 FREIGHT#3 00001291 257160 8470074 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 280.01 LIQ#3 00001291 257161 8469608 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2.50 FREIGHT#3 00001291 257161 8469608 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 5,864.36 259708 10/29/2014 100219 WIRTZ BEVERAGE MINNESOTA WINE&SPIRITS 2,743.06 LIQ#1 00000105 257162 1080237518 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 39.10 FREIGHT#1 00000105 257162 1080237518 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 28.92 TAX#1 00000105 257163 1080243499 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 53.13 NOTAX#1 00000105 257163 1080243499 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 4,581.41 LIQ#1 00000105 257163 1080243499 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 51.60- CMLIQ#1 00000105 257163 1080243499 5015.6510 LIQUOR LIQUOR#1 G PURCHASES R55CKR2 L._ _..3100 CITY OF API i ILEY 10/. 415:07:36 Council Check Register by GL Page- 5 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 269708 10/29/2014 100219 WIRTZ BEVERAGE MINNESOTA WINE&SPIRITS Continued... 46.00 FREIGHT#1 00000105 257163 1080243499 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1.15- CMFREIGHT#1 00000105 257163 1080243499 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 125.75 LIQ#1 00000105 257164 1080244537 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1.25 FREIGHT#1 00000105 257164 1080244537 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 649.65 LIQ#2 00000105 257165 1080237516 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 8.15 FREIGHT#2 00000105 257165 1080237516 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 115.68 TAX#2 00000105 257166 1080243497 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 78.50 NOTAX#2 00000105 257166 1080243497 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,757.53 LIQ#2 00000105 257166 1080243497 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 23.10 FREIGHT#2 00000105 257166 1080243497 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,786.65 LIQ#3 00000105 257167 1080237929 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 24.44 FREIGHT#3 00000105 257167 1080237929 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 125.98 LIQ#3 00000105 257168 1080240352 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00000105 257168 1080240352 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 59.54 TAX#3 00000105 257169 1080243291 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 30.62 NOTAX#3 00000105 257169 1080243291 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 4,387.87 LIQ#3 00000105 257169 1080243291 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 33.35 FREIGHT#3 00000105 257169 1080243291 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 21.50- CMLIQ#1 00000105 257170 2080055559 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 55.50- CMLIQ#1 00000105 257171 2080059526 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 111.75- CMLIQ#1 00000105 257172 2080059531 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 18.86- CMLIQ#2 00000105 257173 2080055560 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 10.75- CMLIQ#2 00000105 257174 2080058879 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 44.08- CMLIQ#2 00000105 257175 2080059552 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 24.00- CMLIQ#2 00000105 257176 2080059528 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 37.72- CMLIQ#3 00000105 257177 2080055558 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 10.75- CMLIQ#3 00000105 257178 2080058880 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 21.50- CMLIQ#3 00000105 257179 2080059229 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 24.00- CMLIQ#3 00000105 257180 2080059524 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 79.06- CMLIQ#3 00000105 257181 2080059557 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 16,188.61 259709 10/29/2014 101066 BANG,NATHAN T 29.70 GARTNER ITXPO4-ORLANDO BANG 257139 20141009 1030.6276 SCHOOLS/CONFERENCES/EXP OTHERIN FORMATION TECHNOLOGY 29.70 259710 10/29/2014 122579 BYRON,JANE 20.00 MN WATER RESOURCE CONF-BYRON 257141 20141015 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING&TECHNICAL 20.00 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 6 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259711 10/29/2014 101781 DYKES,MARGARET M Continued... 85.70 DEV-MILEAGE,MTG EXP OCT 257006 20141023 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 85.70 259712 10/29/2014 100206 GOODWIN,THOMAS C 250.00 2014 NLC CONF AUSTIN-GOODWIN 246470 20141029 1005.6278 SUBSISTENCE ALLOWANCE MAYOR/CITY COUNCIL 250.00 259713 10/29/2014 101254 HAMANN-ROLAND,MARY 250.00 NLC CONF AUSTIN-HAMANN-ROLAND 253693 20141029 1005.6278 SUBSISTENCE ALLOWANCE MAYOR/CITY COUNCIL 250.00 259714 10/29/2014 119621 KLOKONOS,SHANE P 278.20 COMP FORENSICS-KLOKONOS CHICAG 257008 621862762415 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 691.25 CELLEBRITE TRN-KLOKONOS NEW BE 257015 20141002 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 969.45 259715 10/29/2014 142331 MANSON,COLIN 92.96 ENG-MILEAGE APRIL-AUG C MANSON 257007 20140813 1510.6277 MILEAGE/AUTO ALLOWANCE PW ENGINEERING&TECHNICAL 92.96 259716 10/29/2014 101436 MOORE,MARK T 18.00 NATOAANNUAL CONF-MOORE 256838 20140930 2012.6275 SCHOOLS/CONFERENCES/EXP LOCAL CABLE TV JOINT POWERS 18.00 259717 10/29/2014 146779 PIERSON,BEN 309.46 MAHCO-DULUTH-PIERSON 257016 203402 1013.6276 SCHOOLS/CONFERENCES/EXP OTHERCODE ENFORCEMENT 309.46 259718 10/29/2014 122779 THELEN,MARY J 32.48 FROSTY CHALLENGE WELLNESS-THEL 257140 20141022 1020.6275 SCHOOLS/CONFERENCES/EXP LOCAL HUMAN RESOURCES 32.48 259719 10/29/2014 100581 THOMPSON,NEALON P 10.00 MN STATE FIRE CHIEF CONF ST CL 257138 20141018 1310.6276 SCHOOLS/CONFERENCES/EXP OTHERFIRE TRAINING 10.00 259720 10/29/2014 117062 WEISS,TODD R 44.80 REC-MILEAGE SEPT WEISS 256871 20140930 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 44.80 is R55CKR2 LOuiS100 CITY OF APF tLLEY 10/1 +15:07:36 Council Check Register by GL Page- 7 Council Check Register and Summary 9/30/2014 -- 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259721 10/29/2014 100529 ZINCK,JAMES R Continued... 81.76 GOLF-MILEAGE SEPT ZINCK 256872 20140930 5105.6277 MILEAGE/AUTO ALLOWANCE GOLF MANAGEMENT 81.76 259722 10/29/2014 122115 ABLE HOSE&RUBBER LLC 130.50 IA1-HOSES 00075026 256873 1862275 5210.6215 EQUIPMENT-PARTS ARENA 1 BUILDING MAINTENANCE 130.50 259723 10/29/2014 146371 ADDCO,ACQUISITION 172.61 SIGN SEGMENT FOR SIGNBOARD 257017 203402 5390.6215 EQUIPMENT-PARTS SWR EQUIPNEHICLE MISC MNTC/RP 172.61 259724 10/29/2014 144459 ADVANCED IMAGING SOLUTIONS 56.53 GOLF COPIER MAINT 257063 INV58889 5105.6265 REPAIRS-EQUIPMENT GOLF MANAGEMENT 56.53 259725 10/29/2014 100968 ALPHA VIDEO&AUDIO INC 680.00 RETAINAGE 257064 SYSINV100714DB 4802.6740 CAPITAL OUTLAY-MACH/EQ/OTHER CABLE CAPITAL EQUIPMENT-PEG 22,119.00 RETAINAGE 257065 SYSINV100814DB 4802.6740 CAPITAL OUTLAY-MACH/EQ/OTHER CABLE CAPITAL EQUIPMENT-PEG 22,799.00 259726 10/29/2014 103168 AMERICAN FLAGPOLE AND FLAG CO 1,166.88 CUSTOM MADE APPLE VALLEY FLAGS 256874 115919 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 601.12 CUSTOM MADE APPLE VALLEY FLAGS 256874 115919 5605.6229 GENERAL SUPPLIES CEMETERY 1,768.00 259727 10/29/2014 100018 AMERICAN PLANNING ASSN 320.00 DEV-MEMB DUES 2014 LOVELACE 256839 7192214105 1100.6280 DUES&SUBSCRIPTIONS DEV MANAGEMENT 320.00 259728 10/29/2014 100023 ANDERSEN INC,EARL F 1,038.70 STR-2014 TRAFFIC SIGN SUPPLIES 00035421 257018 106261IN 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 1,038.70 259729 10/29/2014 139989 ANDY'S/PAUL'S CEDAR AVE TIRE&AUTO 21.00 FIRE-CAR WASHES SEPT 00075728 256875 3037 1350.6265 REPAIRS-EQUIPMENT FIRE VEHICLE MAINTENANCE 21.00 259730 10/29/2014 100027 APACHE GROUP 328.00 HCSC-TRASH LINERS,TOWELS 00074946 256840 176096 1920.6229 GENERAL SUPPLIES SENIOR CENTER 3.28- HCSC-DISCOUNT 00074946 256840 176096 1920.6333 GENERAL-CASH DISCOUNTS SENIOR CENTER R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 8 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259730 10/29/2014 100027 APACHE GROUP Continued... 324.72 259731 10/29/2014 100747 ARAMARK UNIFORM SERVICES INC 36.12 SHOP-UNIFORM RENT OCT 00046863 256841 6298087717 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 36.12 STR-UNIFORM RENT OCT 00046863 256841 6298087717 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 36.12 PK-UNIFORM RENT OCT 00046863 256841 6298087717 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 36.12 UTIL-UNIFORM RENT OCT 00046863 256841 6298087717 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 144.48 259732 10/29/2014 101318 AUTOMATIC SYSTEMS COMPANY 7,882.00 UTIL-LIFT SCADA UPGRADEALARM00051578 256842 28029 5380.6269 REPAIRS-OTHER SEWER LIFT STN REPAIR&MNTC 1,338.00 UTIL-LIFT SCADA CELL MODEM INS00051770 256843 28028 5380.6265 REPAIRS-EQUIPMENT SEWER LIFT STN REPAIR&MNTC 1,338.00 WQ-LIFT SCADA CELL MODEM INSTA0051770 256843 28028 5505.6265 REPAIRS-EQUIPMENT STORM DRAIN UTILITY 2,170.95 DIALOGIC CARD FOR SCADA COMP00040658 256876 28030S 5380.6265 REPAIRS-EQUIPMENT SEWER LIFT STN REPAIR&MNTC 631.85 WTP SCADAAC/DC INPUT MOD CAF0040658 257019 280435 5325.6265 REPAIRS-EQUIPMENT WATER TREATMENT FCLTY MNTC/RPR 13,360.80 259733 10/29/2014 141748 BASER&PL,UMPIRES 5,472.00 REC-SFTBL UMP FEES 9/16-10/12 257020 20141015 1850.6235 CONSULTANT SERVICES REC SOFTBALL 5,472.00 259734 10/29/2014 100207 BDI GOPHER BEARING 41.02 GOLF-OIL SEALS 00046039 256890 6110230 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 2.64- 00046039 256890 6110230 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 38.38 259735 10/29/2014 141010 BECKER FIRE&SAFETY SERVICES 51.94 LIQ1-ANNUAL FIRE EXTING SRVC 256947 1566 5025.6265 REPAIRS-EQUIPMENT LIQUOR#1 OPERATIONS ,19- 256947 1566 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 44.62 LI02-ANNUAL FIRE EXTING SRVC 256948 1565 5065.6265 REPAIRS-EQUIPMENT LIQUOR#2 OPERATIONS 2,87- 256948 1565 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 124.24 LIQ3-ANNUAL FIRE EXTING SRVC 256949 1563 5095.6265 REPAIRS-EQUIPMENT LIQUOR#3 OPERATIONS 7.99- 256949 1563 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 53.75 AVCC-ANNUAL FIRE EXTING SRVC 256950 1571 1900.6265 REPAIRS-EQUIPMENT AV COMMUNITY CENTER 29.00 PK-ANNUAL FIRE EXTING SRVC,RE 256951 1583 1730.6265 REPAIRS-EQUIPMENT PARK BUILDING MAINTENANCE 38.00 IA2-ANNUAL FIRE EXTING SRVC 256952 1573 5265.6265 REPAIRS-EQUIPMENT ARENA BLDG MAINTENANCE-HAYES 42.50 HCSC-ANNUAL FIRE EXTING SRVC 256953 1572 1920.6265 REPAIRS-EQUIPMENT SENIOR CENTER 29.00 PK-ANNUAL FIRE EXTING SRVC,TE 256954 1582 1730.6265 REPAIRS-EQUIPMENT PARK BUILDING MAINTENANCE 74.75 SWIM-ANNUAL FIRE EXTING SRVC 256955 1584 1940.6265 REPAIRS-EQUIPMENT AQUATIC SWIM CENTER 38.00 UTIL-ANNUAL FIRE EXTING SRVC, 256956 1576 5325.6265 REPAIRS-EQUIPMENT WATER TREX T FCLTY MNTC/RPR i R55CKR2 LvoiS100 CITY OF AP. ALLEY 10) 415:07:36 Council Check Register by GL Page- 9 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259735 10/29/2014 141010 BECKER FIRE&SAFETY SERVICES Continued... 106.25 UTIL-ANNUAL FIRE EXTING SRVC, 256957 1578 5325.6265 REPAIRS-EQUIPMENT WATER TREATMENT FCLTY MNTC/RPR 62.75 POL-ANNUAL FIRE EXTING SRVC,V 256958 1564 1210.6265 REPAIRS-EQUIPMENT POLICE FIELD OPERATIONS/PATROL 451.75 CMF-ANNUAL FIRE EXTING SRVC 256959 1579 1540.6265 REPAIRS-EQUIPMENT CMF BUILDINGS&GROUNDS MNTC 78.50 CH-ANNUAL FIRE EXTING SRVC,PD 256960 1570 1060.6265 REPAIRS-EQUIPMENT MUNICIPAL BLDG&GROUNDS MNTC 113.25 PK-ANNUAL FIRE EXTING SRVC,P& 256961 1577 1730.6265 REPAIRS-EQUIPMENT PARK BUILDING MAINTENANCE 602.25 FIRE-ANNUAL FIRE EXTING SRVC, 256962 1567 1340.6265 REPAIRS-EQUIPMENT FIRE BLDG&GROUNDS MNTC 1,929.50 259736 10/29/2014 109954 BERRY COFFEE COMPANY 280.25 CH-BEVERAGES FOR MTGS 00041013 257009 1207441 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 280.25 259737 10/29/2014 146780 BLACK&VEATCH CORPORATION 3,096.80 UTIL-ANALYSIS PROGRESS WELL 16 257021 1188982 5325.6235 2013168W CONSULTANT SERVICES WATER TREATMENT FCLTY MNTC/RPR 3,096.80 259738 10/29/2014 100072 BRAUN INTERTEC CORPORATION 195.00 MATERIAL TESTING PROJ 2014-101 256877 B011321 2027.6235 2014101R CONSULTANT SERVICES ROAD ESCROW 2,660.25 MATERIAL TESTING CORTLAND 3RD 257022 B012202 4502.6235 2014112G CONSULTANT SERVICES CONSTRUCTION PROJECTS 5,161.75 MATERIAL TESTING REGENT'S PT 257025 8011855 4502.6235 2013149G CONSULTANT SERVICES CONSTRUCTION PROJECTS 1,763.50 MATERIAL TESTING HUNTER FORRES 257026 B011627 4502.6235 201315BG CONSULTANT SERVICES CONSTRUCTION PROJECTS 9,780.50 259739 10/29/2014 100080 BRYAN ROCK PRODUCTS 450.40 PK-RED BALL DIAM AGG-JC EAST 00035336 256878 4595 1715.6229 GENERAL SUPPLIES PARKATHLETIC FIELD MAINTENANC 2,159.61 PK-RED BALL DIAM AGG-JC WEST 00035336 256879 4596 1780.6229 GENERAL SUPPLIES PARK HIGH SCHOOL#4 FIELDS 1,087.32 RED BALL DIAM AGG-VALLEY MIDDI00035336 256880 4597 1715.6229 GENERAL SUPPLIES PARKATHLETIC FIELD MAINTENANC 3,697.33 259740 10/29/2014 126438 CBIZ FINANCIAL SOLUTIONS INC 206.97 INVEST ADVISORY SVCS QTR3 201430075317 256881 C198813Q14 7205.6235 CONSULTANT SERVICES RISK MANAGEMENTS/INSURANCE 206.97 259741 10/29/2014 100319 CENTERPOINT ENERGY 20.18 LIQ 1 SEPT 256856 56265598 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 13.46 LIQ 2 SEPT 256857 55533673 5065.6256 UTILITIES-NATURAL GAS LIQUOR#2 OPERATIONS 128.89 FIRE STN 1 SEPT 256963 55888184 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 57.61 FIRE STN 2 SEPT 256964 55851539 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 26.63 FIRE STN 3 SEPT 256965 55533657 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 1,312.76 IA2 SEPT 256966 55978928 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAYES R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 10 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259741 10/29/2014 100319 CENTERPOINT ENERGY Continued... 37.05 WELL 1 SEPT 256967 55887046 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 18.17 WELL 2 SEPT 256968 55675664 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 18.88 WELL4 SEPT 256969 55851604 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 81.55 WELL 5 SEPT 256970 55851562 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 45.10 UTIL WTP SEPT 256971 55877872 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/RPR 20.26 460 REFLECTION RD SEPT 256972 75761361 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 951.14 GOLF SEPT 256973 96338967 5110.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 129.94 CMF STRG BLDG 1 SEPT 256974 56034416 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 46.50 CMF STRG BLDG 2 SEPT 256975 55793483 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 28.74 CMF STRG BLDG 3 SEPT 256976 56696487 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 82.65 SWIM BLDG SEPT 256977 56284078 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 14.94 SWIM PARK SEPT 256978 79512695 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 16.07 HAGEMEISTER PK SEPT 256979 56100324 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 70.30 VAL MID PK SEPT 256980 55611420 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 13.98 DELANEY PARK SEPT 256981 55372148 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 20.28 HUNTINGTON PK SEPT 256982 56346620 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 25.86 GALAXIE PK SEPT 256983 55848238 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 20.28 AV EAST PK SEPT 256984 55851521 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 12.59 TEEN CENTER SEPT 256985 56281637 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 886.54 AVCC SEPT 256986 55686299 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER 184.64 HCSC SEPT 256987 79615332 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER 49.82 SWIM UNIT D SEPT 256988 78955218 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 75.30 REDWOOD SEPT 256989 55612972 1930.6256 UTILITIES-NATURAL GAS REDWOOD POOL 45.10 UTIL SAN LIFT 2 GEN SEPT 256990 91747147 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 127.18 OLDCH SEPT 256991 55710289 2092.6256 UTILITIES-NATURAL GAS 14200 CEDAR AVE-OLD CITY HALL 4,582.39 259742 10/29/2014 146678 CHRISTIANSEN,MARK 255.00 STAND FABRICATION CHARGING STN 257005 20141010 5210.6249 OTHER CONTRACTUAL SERVICES ARENA 1 BUILDING MAINTENANCE 255.00 259743 10/29/2014 139352 CLARK,KATHLEEN 693.00 HCSC-YOGA INSTRUCTION 9/24-10/ 256913 20141008 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 693.00 259744 10/29/2014 130960 COLD SPRING MEMORIAL GROUP 198.00 CEM-IND SCROLL NEWELL 00040685 257023 1747487A 5605.6325 COLUMBARIUM CEMETERY 198.00 259745 10/' '4 142662 CONVENTION&VISITORS BUREAU is R55CKR2 L_ ..1100 CITY OF APS LLEY 10/ 15:07:36 Council Check Register by GL Page- 11 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259745 10/29/2014 142662 CONVENTION&VISITORS BUREAU Continued... 7,699.45 LODGING TAX-SEPT 2014 256844 20140930 7005.6319 REIMBURSEMENT OF REV COLL FOR LODGING TAX 7,699.45 259746 10/29/2014 112859 CULVER'S OF APPLE VALLEY INC 817.62 FPW OPEN HOUSE CUSTARD DISHES 257024 577 1320.6275 SCHOOLS/CONFERENCES/EXP LOCAL FIRE PREVENTION 817.62 259747 10/29/2014 100139 DAKOTA COUNTY LICENSE CENTER 20.75 TITLE'14 SPARTAN PUMPER#4984 00051442 257067 20141029 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 20.75 259748 10/29/2014 100124 DAKOTA COUNTY PROPERTY RECORDS 46.00 CLERKABSTRACT FILING FEE-SEPT 257066 3032029 1015.6239 PRINTING CITY CLERK/ELECTIONS 46.00 259749 10/29/2014 100125 DAKOTA COUNTY TECHNICAL COLLEGE 1,600.00 DEFENSIVE DRIVING-SNOWPLOW 00051739 256885 121445 1665.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET SNOW&ICE MATERIALS 1,600.00 259750 10/29/2014 100858 DALCO 199.15 CH-MULTI FOLD TOWELS 00051784 257049 2807400 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 80.74 FIRE-MULTI FOLD TOWELS 00051784 257049 2807400 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 80.74 CMF-MULTI FOLD TOWELS 00051784 257049 2807400 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 80.74 PK-MULTI FOLD TOWELS 00051784 257049 2807400 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 26.91 SWIM-MULTI FOLD TOWELS 00051784 257049 2807400 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 14.39 LIQ1-MULTI FOLD TOWELS 00051784 257049 2807400 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 14.38 LIQ2-MULTI FOLD TOWELS 00051784 257049 2807400 5065.6229 GENERAL SUPPLIES LIQUOR#2 OPERATIONS 17.25 LI03-MULTI FOLD TOWELS 00051784 257049 2807400 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 28.76 GOLF-MULTI FOLD TOWELS 00051784 257049 2807400 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 2.96- 00051784 257049 2807400 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 1.85- 00051784 257049 2807400 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 538.25 259751 10/29/2014 140503 DARTS 3,319.43 DEV-DARTS CDBG CHORE JUL-SEPT 257089 20141007 1100.6249 OTHER CONTRACTUAL SERVICES DEV MANAGEMENT 3,319.43 259752 10/29/2014 137533 DCA TITLE 200.00 FLOOD MITIGATION-13910 HOLYOKE 256914 14090136 5552.6810 2012149D CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 200.00 FLOOD MITIGATION-13812 HOLYOKE 256915 14090137 5552.6810 2012149D CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 12 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259752 10/29/2014 137533 DCA TITLE Continued... 200.00 FLOOD MITIGATION-13933 HOLYOKE 256916 14090135 5552.6810 2012149D CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 600.00 259753 10/29/2014 100777 DEX MEDIA EAST LLC 23.50 GOLF-WEST METRO AD-OCT 257068 20141003 5115.6239 PRINTING GOLF PRO SHOP .11 GOLF-DATE CHG 257068 20141003 5105.6349 LATE FEES/FINANCE CHARGES GOLF MANAGEMENT 23.50 GOLF WEST METRO AD-SEPT 00050143 257069 20140903 5115.6239 PRINTING GOLF PRO SHOP 47.11 259754 10/29/2014 100976 DICK'S LAKEVILLE SANITATION INC 100.00 UTIL-10 YD DUMPSTER 00051604 256845 DT0000927867 5375.6240 CLEANING SERVICE/GARBAGE REMOVSEWER MAINTENANCE AND REPAIR 100.00 259755 10/29/2014 100779 DIVERSE MACHINE WORKS 475.00 UTIL-REFURBISH HYDRANT SEATS 256917 30153 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP MNT 475.00 259756 10/29/2014 145240 ECOLAB PEST ELIM DIV 62.00 OLDCH-COCKROACH.RODENT PROGRAM 257054 4662799 2092.6249 OTHER CONTRACTUAL SERVICES 14200 CEDAR AVE-OLD CITY HALL 62.00 259757 10/29/2014 100407 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 1,515.15 HAVIS PORT REPLIC DOCKING STN00051768 256886 23138 1350.6265 REPAIRS-EQUIPMENT FIRE VEHICLE MAINTENANCE 1,515.15 259758 10/29/2014 145163 EMERGENCY RESPONSE SOLUTIONS 291.60 FIRE-GAS FOR GAS MONITORS 00075724 256887 2841 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 291.60 259759 10/29/2014 144557 EXECUTIVE OUTDOOR SERVICES LLC 600.00 OLDCH-MOWING SEPT 256888 478 2092.6249 OTHER CONTRACTUAL SERVICES 14200 CEDAR AVE-OLD CITY HALL 6,903.01 PK MOWING&TRIMMING-OCT 257070 484 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 1,233.33 FIRE MOWING/TRIMMING-OCT 257070 484 1340.6249 OTHER CONTRACTUAL SERVICES FIRE BLDG&GROUNDS MNTC 310.83 LIQ2 MOWING/TRIMMING-OCT 257070 484 5065.6249 OTHER CONTRACTUAL SERVICES LIQUOR#2 OPERATIONS 310.83 LIQ3 MOWING/TRIMMING-OCT 257070 484 5095.6249 OTHER CONTRACTUAL SERVICES LIQUOR#3 OPERATIONS 1,000.00 CEM MOWING/TRIMMING-OCT 257070 484 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 10,358.00 259760 10/29/2014 120313 FASTENAL COMPANY 33.02 UTIL-MISC EQ PARTS 256920 MNLAK107994 5390.6215 EQUIPMENT-PARTS SWR EQUIPA' '!_E MISC MNTC/RP i - R55CKR2 Li viS100 CITY OF AP, ALLEY 10/. 415:07:36 Council Check Register by GL Page- 13 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259760 10/29/2014 120313 FASTENAL COMPANY Continued... 11.69 UTIL-FACE SHIELD HARNESS REPL00075560 257029 MNLAK108011 5375.6211 SMALL TOOLS&EQUIPMENT SEWER MAINTENANCE AND REPAIR 44.71 259761 10/29/2014 100166 FEDEX 15.54 GOLF-SHIPPING FOR RESALE MDSB0074985 257030 281359203 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 15.54 259762 10/29/2014 146793 FEENEY,ROBERT 15.00 RENTAL REFUND 257183 20141016 1001.5116 RENTS-HAYES SENIOR CENTER GENERAL FUND REVENUE 15.00 259763 10/29/2014 136283 FIRE SAFETY USA 740.00 FIRE-LITEX EXTRICATION GLOVES 256921 72567 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 207.70 FIRE-LITEX EXTRICATION GLOVES 00075725 256922 72945 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 947.70 259764 10/29/2014 100420 FISCHER MINING,LLC 206.35 GOLF-CONCRETE SAND 00035395 256847 13104 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 13,27- 00035395 256847 13104 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 124.47 PK-RC BASE 00035353 256848 100139 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 317.55 259765 10/29/2014 100217 GRAINGER 119.52 IA1-FLUORSCENT LAMPS 00075020 256891 9563328195 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 19.88 IA1-CONNECTOR,WIRE/CABLE 00075023 256892 9567644282 5215.6229 GENERAL SUPPLIES ARENA 1 EQUIPMENT MAINTENANCE 139.40 259766 10/29/2014 146781 GUIDANCE SOFTWARE 2,495.00 COMP FORENSICS-KLOKONOS CHICAG 257032 916021 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 2,495.00 259767 10/29/2014 100891 HANCO CORPORATION 480.76 PK-TIRES 00073298 256893 744958 1765.6216 VEHICLES-TIRES/BATTERIES PARK EQUIPMENT MAINTENANCE 4.65 STR-VALVE STEM 257055 744285 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 3.10 SHOP-VALVE RPR TOOL 257055 744285 1530.6215 EQUIPMENT-PARTS FLEET&BUILDINGS-CMF 488.51 259768 10/29/2014 146679 HAUGESAG,TODD 287.55 UTIL-SEALCOAT SHARED DRIVEWAY 256894 20141029 5325.6269 REPAIRS-OTHER WATER TREATMENT FCLTY MNTC/RPR 287.55 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 14 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259768 10/29/2014 146679 HAUGESAG,TODD Continued... 259769 10/29/2014 100510 HD SUPPLY WATERWORKS LTD 1,600.80 UTIL-OMNI COMPOUND METER 00035250 256895 D092181 5310.6540 TAXABLE MISC FOR RESALE WATER METER RPR/REPLACE/READNC 1,600.80 259770 10/29/2014 118410 HENNEPIN COUNTY TREASURER 25.00 TAKE CHG@WORK-WELLNESS BRANTNE 257056 20141029 1020.6275 SCHOOLS/CONFERENCES/EXP LOCAL HUMAN RESOURCES 25.00 TAKE CHG@WORK-WELLNESS THELEN 257056 20141029 1020.6275 SCHOOLS/CONFERENCES/EXP LOCAL HUMAN RESOURCES 50.00 259771 10/29/2014 120305 HITESMAN&WOLD,P.A. 114.00 PROF SVCS ON MISC TAX ISSUES 00075318 256896 21605 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 114.00 259772 10/29/2014 101796 INTERSTATE BATTERY SYSTEM OF MINNEAPOLIS 70.00 POL-BATTERIES 00042258 257010 120012458 1215.6216 VEHICLES-TIRES/BATTERIES POLICE DETECTIVE UNIT 91.13 POL-BATTERY 00042258 257011 220028725 1210.6216 VEHICLES-TIRES/BATTERIES POLICE FIELD OPERATIONS/PATROL 161.13 259773 10/29/2014 131791 IRRIGATION BY DESIGN INC 514.93 PK-IRRIG RPRS COBB LK EAST 00049833 256897 146239 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 186.64 PK-IRRIG RORS COBB LK WEST 00049833 256898 146334 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 204.78 PK-IRRIG RORS COBB LK WEST 00049833 256899 146266 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 906.35 259774 10/29/2014 144639 IRRIGATION DOCTOR 108.15 STR-IRRIG RPR CEDAR AVENUE 256900 19086 1610.6249 OTHER CONTRACTUAL SERVICES STREET/BOULEVARD REPAIR&MNTC 1,436.00 WINTERIZE/EQ CHECK CEDAR IRRIG 257033 19358 1610.6249 OTHER CONTRACTUAL SERVICES STREET/BOULEVARD REPAIR&MNTC 1,544.15 259775 10/29/2014 101263 J.P.COOKE COMPANY 138.18 POL-DOG LICENSE TAGS 00071497 256902 309324 1295.6229 GENERAL SUPPLIES COMMUN SERVICE OFFICERS(CSO) 138.18 259776 10/29/2014 102931 JRK SEED&TURF SUPPLY INC 90.00 PK-SOIL TEST FIELDS 00049835 256849 13383 1780.6249 OTHER CONTRACTUAL SERVICES PARK HIGH SCHOOL#4 FIELDS 40.00 PK-SOIL TEST RECOMMENDATION 00049835 256849 13383 1780.6235 CONSULTANT SERVICES PARK HIGH SCHOOL#4 FIELDS 150.00 PK-SOIL TEST 00049835 256849 13383 1715.6249 OTHER CONTRACTUAL SERVICES PARKATHLETIC FIELD MAINTENANC 80.00 PK-SOIL TEST RECOMMENDATION 00049835 256849 13383 1715.6235 CONSULTANT SERVICES PARKATHLETIC FIELD MAINTENANC 649.75 PK-QP TURF RPR GRASS SEED MIX00049835 256901 133954 1715.6229 GENERAL SUPPLIES PARKATHLET" VELD MAINTENANC CITY OF APIF I' ALLEY 101. #15:07:36 R55CKR2 LL­i8100 Council Check Register by GL Page- 15 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259776 10/29/2014 102931 JRK SEED&TURF SUPPLY INC Continued... 1,009.75 259777 10/29/2014 100118 KEEPRS INC 731.49 POL-FIRST DEFENSE MK SPRAYS 256924 241302 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 731.49 259778 10/29/2014 143811 KEVIN CASEY,LLC 521.98 2012 POND CLEANOUTS 257071 201210702FINAL 5505.6269 2012107D REPAIRS-OTHER STORM DRAIN UTILITY 521.98 259779 10/29/2014 137345 KIRVIDA FIRE INC 1,032.10 RPR FRC PRESS TRANSDUCER#4987 256925 4305 1350.6265 REPAIRS-EQUIPMENT FIRE VEHICLE MAINTENANCE 1,032.10 259780 10/29/2014 132646 KWIK KOPY BUSINESS CENTER 133.94 POL-TRESPASS NOTICE FORMS 00074856 256903 16377 1200.6239 PRINTING POLICE MANAGEMENT 43.00 BUSINESS CARDS-HUTCHINS 00075261 256904 16461 1200.6239 PRINTING POLICE MANAGEMENT 43.00 BUSINESS CARDS-CHRISTIANSON 00075261 256904 16461 1200.6239 PRINTING POLICE MANAGEMENT 43.00 BUSINESS CARDS-DEJONKER 00075261 256904 16461 1200.6239 PRINTING POLICE MANAGEMENT 262.94 259781 10/29/2014 101352 LAW ENFORCEMENT TARGETS INC 420.00 POL-IPSC TARGET,SPRING 257057 261696IN 1255.6399 OTHER CHARGES POLICE GUN RANGE 420.00 259782 10/29/2014 100281 LEAGUE OF MN CITIES 2,896.69 CLAIM PCO028825 257072 C7645 1015.6280 DUES&SUBSCRIPTIONS CITY CLERK/ELECTIONS 2,896.69 259783 10/29/2014 116371 LOFFLER 240.00 IA1 COPIER MAINT-10/14-10/15 00049579 257073 1844193 5205.6265 REPAIRS-EQUIPMENT ARENA 1 MANAGEMENT 23.29 HCSC COPIER MAINT 00050108 257074 1844192 1920.6265 REPAIRS-EQUIPMENT SENIOR CENTER 263.29 259784 10/29/2014 100289 LOGIS 15,645.01 LOGIS SERVICE 257059 39016 1040.6399 OTHER CHARGESDATA PROCESSING 505.71 LOGIS SERVICE 257059 39016 5005.6399 OTHER CHARGES LIQUOR GENERAL OPERATIONS 183.52 LOGIS SERVICE 257059 39016 5205.6399 OTHER CHARGES ARENA 1 MANAGEMENT 4,989.88 LOGIS SERVICE 257059 39016 5303.6399 OTHER CHARGES UTILITY BILLING 4,989.88 LOGIS SERVICE 257059 39016 5303.6399 OTHER CHARGES UTILITY BILLING R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 16 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259784 10/29/2014 100289 LOGIS Continued... 136.62 LOGIS STATE WAN CHARGE 257060 39071 1040.6399 OTHER CHARGES DATA PROCESSING 15.89 LOGIS STATE WAN CHARGE 257060 39071 5005.6399 OTHER CHARGES LIQUOR GENERAL OPERATIONS 6.36 LOGIS STATE WAN CHARGE 257060 39071 5205.6399 OTHER CHARGES ARENA 1 MANAGEMENT 79.44 LOGIS STATE WAN CHARGE 257060 39071 5303.6399 OTHER CHARGES UTILITY BILLING 79.44 LOGIS STATE WAN CHARGE 257060 39071 5303.6399 OTHER CHARGES UTILITY BILLING 26,631.75 259785 10/29/2014 138342 MANSFIELD OIL COMPANY 8,747.73 UNLEADED GASOLINE 00050328 257035 972663 1000.1520 INVENTORY-UNLEADED FUEL GENERAL FUND BALANCE SHEET 9,772.84 UNLEADED GASOLINE 00050328 257036 974398 1000.1520 INVENTORY-UNLEADED FUEL GENERAL FUND BALANCE SHEET 18,520.57 259786 10/29/2014 101433 MARTIN-MCALLISTER 700.00 PUBLIC SAFETY ASSESSMENT-BOOTH 256905 9360 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT 700.00 PUBLIC SAFETY ASSESSMENT-MARBE 256905 9360 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT 1,400.00 259787 10/29/2014 100309 MENARDS 8.44 IA2-SANDING SPONGE,BLOCK 00075228 257096 58761 5265.6229 GENERAL SUPPLIES ARENA BLDG MAINTENANCE-HAYES 36.73 LIQ3-SOAP,VEGETATION KILLER 00071243 257097 54205 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 6.48 PK-RIVER COBBLE STONE 00035348 257098 59250 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 266.39 PK-PLYWOOD,LUMBER,GLOVES 00035348 257099 59107 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 66.15 PK-MISC PAINT SUPPLIES 00035348 257100 59450 1725.6229 GENERAL SUPPLIES PARK ICE RINK MAINTENANCE 38.59 PK-GALV NUTS/BOLTS 00035348 257101 59380 1725.6229 GENERAL SUPPLIES PARK ICE RINK MAINTENANCE 139.39 PK-CONCRETE MESH,FOAM EXPAN1i81035348 257102 59373 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 23.48 GOLF-YELLOW PAINT FOR CURBIN®0035389 257103 59386 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 1.51- 00035389 257103 59386 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 23.90 FIRE-WATER SOFTNER CUBES 00036477 257104 59095 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 110.96 PK-REBAR,CONCRETE TUBE 00035348 257105 58965 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 29.57 PK-TOM CAT RODENT STATION,BU00035348 257106 58931 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 24.46 PK-CRACK FILLER 00035348 257107 58972 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 69.49 IA1-AUTORANGE CLAMP METER 00075022 257108 59268 5210.6211 SMALL TOOLS&EQUIPMENT ARENA 1 BUILDING MAINTENANCE 19.97 IA1-MOUNTING TAPE,CABLE 00075024 257109 59318 5215.6229 GENERAL SUPPLIES ARENA 1 EQUIPMENT MAINTENANCE 79.94 UTIL-RPLCMT SPOTLIGHTS 00035238 257110 58712 5375.6211 SMALL TOOLS&EQUIPMENT SEWER MAINTENANCE AND REPAIR 29.97 UTIL-RPLCMT SPOTLIGHTS 00035238 257111 58712 5330.6211 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 194.58 UTIL-RPLCMT HEATERS FOR WELLS0035238 257112 59669 5320.6211 SMALL TOOLS&EQUIPMENT WATER WELUBOOSTER STN MNT/RPR 150.69 PK-CONCRETE MESH,REBAR,LOOR0035348 257113 59524 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARK ATHLETIC FIELD MAINTENANC 75.00 SWIM-LIGHT BULBS 00035348 257114 59504 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 44.82 PK-RV ANTIFREEZE 00035348 257115 59667 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 83.96 CMF-PASSAGE DOOR HANDLES(4)00035439 257116 59513 1540.6215 EQUIPMENT-PARTS CMF BUILDIN GROUNDS MNTC R55CKR2 L X100 CITY OF AP. ALLEY 101 415:07:36 Council Check Register by GL Page- 17 Council Check Register and Summary 9/30/2014 — 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259787 10/29/2014 100309 MENARDS Continued... 1,521.45 259788 10/29/2014 128699 MES-MIDAM 34.13 FIRE-ORANGE TUBULAR 00035261 256906 560608SNV 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS 698.00 FIRE-STRUCTURAL PULL ON BOOTS10035261 256907 562350SNV 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 361.66 FIRE-STRUCTURAL PULL ON BOOTS0035261 257037 565047SNV 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 1,093.79 259789 10/29/2014 100849 METRO VOLLEYBALL OFFICIALS ASSN 171.00 REC-VBALL OFFICIAL FEES 9/23 00043278 256908 4581 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 171.00 REC-VBALL OFFICIAL FEES 9/30 00043278 256909 4583 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 171.00 REC-VBALL OFFICIAL FEES 1017 00043278 256910 4590 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 513.00 259790 10/29/2014 141669 MIDWEST ELECTRICAL TECHNOLOGIES,INC. 4,675.58 INSP-ELECTRICAL INSP FEES 257075 20141028 1445.6243 ELECTRICAL PERMIT FEES INSPECTIONS ELECTRICAL 4,675.58 259791 10/29/2014 128973 MIKE'S SHOE REPAIR INC 42.00 FIRE-RPR BUNKER PANTS 00075726 256911 92942014 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 42.00 259792 10/29/2014 114229 MN DEPT OF TRANSPORTATION 84.13 PLANT INSPECTIONS PR#2014-102 256912 P00003649 2027.6249 2014102R OTHER CONTRACTUAL SERVICES ROAD ESCROW 84.13 259793 10/29/2014 100326 MN RECREATION&PARK ASSOC 25.00 MN REC&PARK WKSHP-BERNSTEIN 257061 20141029 1705.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK&RECREATION MGMT TRAING 25.00 259794 10/29/2014 146170 NEWMAN SIGNS INC 1,976.40 REPL 45 STOP SIGNS 257038 T10278592 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 1,976.40 259795 10/2912014 103218 NORTHSTAR MUDJACKING SPECIALISTS 1,892.65 2014 CONCRETE RAISING/LEVELING 257076 1136 1610.6249 20141166 OTHER CONTRACTUAL SERVICES STREET/BOULEVARD REPAIR&MNTC 1,978.20 2014 CONCRETE RAISING/LEVELING 257077 1155 1610.6249 2014116G OTHER CONTRACTUAL SERVICES STREET/BOULEVARD REPAIR&MNTC 3,870.85 259796 10/29/2014 119248 ONCE UPON A STAR R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 18 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259796 10/29/2014 119248 ONCE UPON A STAR Continued... 429.00 FROZEN DADDY-DAUGHTER EVENTS 256927 APVAL101014 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL 429.00 259797 10/29/2014 132945 PEARSON BROS INC 31,111.60 2014 STIR MAINT SVCS-BITUMINOUS 257187 3414 1600.6249 2014115R OTHER CONTRACTUAL SERVICES STREET MANAGEMENT 8,853.60 2014 STR MAINT SVCS-BITUMINOUS 257187 3414 1720.6269 2014115R REPAIRS-OTHER PARK GROUNDS MAINTENANCE 39,965.20 259798 10/29/2014 102645 PETCO ANIMAL SUPPLIES INC 32.04 POL-PET FOOD 00074688 256850 OA055608 1281.6229 GENERAL SUPPLIES POLICE K-9 2.35- POL-USE TAX ADJUST 00074688 256850 OA055608 1281.6229 GENERAL SUPPLIES POLICE K-9 2.35 POL-USE TAX ADJUST 00074688 256850 OA055608 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 32.04 269799 10/29/2014 101937 PLANT&FLANGED EQUIPMENT CO 271.43 WTP-BACKWASH TANK VALVE PARTS 257039 639251N 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 271.43 259800 10/29/2014 100280 POPP COMMUNICATIONS 14.18 REDWOOD LD ACCESS SEPT 2014 256854 992212298 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 10.70 AVCC LD ACCESS SEPT 2014 256854 992212298 1900.6237 TELEPHONE/PAGERS AV COMMUNITY CENTER 3.72 GOLF LD ACCESS SEPT 2014 256854 992212298 5145.6237 TELEPHONE/PAGERS GOLF SHOP BUILDING MAINTENANCE 6.96 IA1 LD ACCESS SEPT 2014 256854 992212298 5210.6237 TELEPHONE/PAGERS ARENA 1 BUILDING MAINTENANCE 3.48 IA2 LD ACCESS SEPT 2014 256854 992212298 5265.6237 TELEPHONE/PAGERS ARENA 2 BLDG MAINTENANCE-HAYES .24- 256854 992212298 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 14.30 REDWOOD LD ACCESS OCT 2014 256855 992218771 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 10.79 AVCC LD ACCESS OCT 2014 256855 992218771 1900.6237 TELEPHONE/PAGERS AV COMMUNITY CENTER 3.75 GOLF LD ACCESS OCT 2014 256855 992218771 5145.6237 TELEPHONE/PAGERS GOLF SHOP BUILDING MAINTENANCE 7.02 IA1 LD ACCESS OCT 2014 256855 992218771 5210.6237 TELEPHONE/PAGERS ARENA 1 BUILDING MAINTENANCE 3.51 IA2 LD ACCESS OCT 2014 256855 992218771 5265.6237 TELEPHONE/PAGERS ARENA BLDG MAINTENANCE-HAYES .24- 256855 992218771 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 77.93 259801 10/29/2014 100316 POWER PLAN 2,088.01 GOLF-JOHN DEERE TRACTOR RPR 256926 W29607 5155.6265 REPAIRS-EQUIPMENT GOLF EQUIPMENT MAINTENANCE 49.28- 256926 W29607 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET Supplier 101708 RDO EQUIPMENT CO 2,038.73 259802 10/' 4 101500 PREMIUM WATERS INC R55CKR2 I-L-S100 CITY OF APF I',_ ALLEY 10/: 415:07:36 Council Check Register by GL Page- 19 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259802 10/29/2014 101500 PREMIUM WATERS INC Continued... 39.40 POL BOTTLED WATER 00038902 256928 3138050914 1250.6229 GENERAL SUPPLIES POLICE FACILITY 89.49 GOLF-BOTTLED WATER 00045408 256929 6182510914 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 128.89 259803 10/29/2014 100578 PROACT INC 1,028.50 REC HNDCP SVC-SEPT 257078 45785 1810.6249 OTHER CONTRACTUAL SERVICES REC HANDICAPPED PROGRAMS 1,028.50 259804 10/29/2014 142782 RINK-TEC INTERNATIONAL 468.00 IA1-SERVICE RENDERED 10/13/14 257041 2372 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 468.00 259805 10/29/2014 101130 ROGGENBUCK TREE CARE,LLC 2,675.00 PK-TREE REMOVAL,ALIMAGNET 00048087 256992 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 856.25 PK-TREE REMOVAL,GALAXIE 00048087 256993 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 550.00 PK-TREE REMOVAL,MOELLER 00048087 256994 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 206.25 PK-TREE REMOVAL,LONG LAKE 00048087 256995 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 275.00 PK-TREE REMOVAL,SAVANIK-TRAIID0048087 256996 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 343.75 PK-TREE REMOVAL,FARQUAR 00048087 256997 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 412.50 PK-TREE REMOVAL,CARROLLWOOM048087 256998 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 2,062.50 PK-TREE REMOVAL,WALLACE 00048087 256999 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 7,381.25 259806 10/29/2014 100042 ROTARY CLUB OF APPLE VALLEY 212.50 POL-CLUB DUES JUL1-SEPT 2014 257137 850 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 212.50 259807 10/29/2014 100432 SEH ENGINEERS 1,592.57 DESIGN SVCS CR 42 STR LT REPL 256931 288030 4752.6235 2013148G CONSULTANT SERVICES ELECTRIC FRANCHSE 11,641.39 DESIGN SVCS SANIT LFT STN#3 256932 287380 5360.6235 2014129S CONSULTANT SERVICES CONSTRUCTION PROJECTS 25,886.60 ENGINEERING SVCS-WTP EXPANSION 257042 287850 5325.6235 2012108W CONSULTANT SERVICES WATER TREATMENT FCLTY MNTC/RPR 39,120.56 259808 10/29/2014 101709 SHAMROCK DISPOSAL 219.72 PK-30 YD DUMPSTER 00039459 256851 61771 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 219.71 STR-30 YD DUMPSTER 00039459 256851 61771 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 439.43 259809 10/29/2014 100829. SHAMROCK GROUP INC 51.80 GOLF CO2 GAS 00051254 257079 1835312 5120.6229 2014115R GENERAL SUPPLIES GOLF KITCHEN R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 20 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 269809 10/29/2014 100829 SHAMROCK GROUP INC Continued... 51.80 259810 10/29/2014 118355 SHI INTERNATIONAL CORP 453.00 IT-COMMVAULT IDATAAGENT 00051753 257000 802372498 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 91.00 HR-COMMVAULT SUPPORT AND MA17011151753 257001 B02372498 1020.6249 OTHER CONTRACTUAL SERVICES HUMAN RESOURCES 2,211.31 IT-ENTERPRISE SECURITY FOR ENID0051754 257002 802368130 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 1,408.00 IT-LENOVO THINKPAD S1 YOGA 20C 257003 B02576482 1030.6725 CAPITAL OUTLAY-OFFICE EQUIP INFORMATION TECHNOLOGY 105.00 IT-THINKPAD NETWORKADAPTER,U 257004 B02485502 1030.6725 CAPITAL OUTLAY-OFFICE EQUIP INFORMATION TECHNOLOGY 4,268.31 259811 10/29/2014 111161 SHRED IT USA MINNEAPOLIS 93.06 SHREDDING SERVICES 10/10/14 00043065 256933 9404310538 1250.6240 CLEANING SERVICE/GARBAGE REMOVPOLICE FACILITY 93.06 259812 10/29/2014 144729 SILVER TREE PLUMBING&HEATING,LLC 1,847.87 PLBG WORK 132ND WAY 256934 10162014 2027.6249 2014102R OTHER CONTRACTUAL SERVICES ROAD ESCROW 1,847.87 259813 10/29/2014 144391 SIR LINES-A-LOT 357.00 PARKING LOT STRIPING SVCS 257080 3715 1340.6266 2014115R REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 357.00 259814 10/29/2014 142722 STANTEC CONSULTING SERVICES,INC. 305.00 ENG-W7R SYSTEM HYDRAULIC MODEL 257012 837709 1510,6235 CONSULTANT SERVICES PW ENGINEERING&TECHNICAL 963.94 ENG-DESIGN SRVC PROJ 2012-149, 257012 837709 5552.6235 2012149D CONSULTANT SERVICES CONSTRUCTION PROJECTS 244.00 ENG-HYDRAULIC MODELING PROJ 20 257012 837709 5552.6235 2013125G CONSULTANT SERVICES CONSTRUCTION PROJECTS 1,512.94 259815 10/29/2014 101753 SYSCO MINNESOTA,INC 342.17 GOLF-KTN FOOD 00027785 256852 410140530 5120.6420 GOLF-FOOD GOLF KITCHEN 342.17 259816 10/29/2014 142745 TARGET BANK 11.38 POL STORAGE TUBS 00075663 257081 6431235814 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 2.84 POL DISH WAND 00075664 257082 6431222232 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 5.11 POL DOG TREATS 00075664 257082 6431222232 1281.6229 GENERAL SUPPLIES POLICE K-9 125.29 POL FLASH DRIVES 00075682 257083 6431245360 1215.6211 SMALL TOOLS&EQUIPMENT POLICE DETECTIVE UNIT 16.64 POL SNACKS FOR ADV CITIZENS A00074334 257084 6430747218 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PRE\ .44- 00074334 257084 6430747218 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 160.82 R55CKR2 LuiS100 CITY OF APF -kLLEY 10/:. 115:07:36 Council Check Register by GL Page- 21 Council Check Register and Summary 9/30/2014 -- 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259816 10/29/2014 142745 TARGET BANK Continued... 259817 10/29/2014 102518 TARGET CENTER 147.00 TICKETS SOLD-DISNEY LIVE!MICK 00042196 256935 4000469900 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE 405.00 TICKETS SOLD-DISNEY ON ICE 00042196 256936 4000469860 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE 825.00 TICKETS SOLD-DISNEY ON ICE 00042196 256937 4000468247 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE 825.00 TICKETS SOLD-DISNEY ON ICE 00042196 256938 4000469746 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE 2,202.00 259818 10/29/2014 101342 THOMSON REUTERS-WEST 108.11 POL-WEST INFO CHRGS SEPT 201400051397 256939 830457313 1215.6249 OTHER CONTRACTUAL SERVICES POLICE DETECTIVE UNIT 108.11 259819 10/29/2014 100470 TIME SQUARE SHOPPING CENTER 11,LLP 10,500.00 LIQ1-LEASE NOV 257184 20141101 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 2,458.22 LIQ1 TAX ESCROW NOV 257185 20141101 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 1,645.16 LIQ1 CAM ESCROW NOV 257186 20141101 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 14,603.38 259820 10/29/2014 100475 TOTAL TOOL 229.68 PK-LOPPER BYPASS 00051632 257013 1975693 1720.6211 SMALL TOOLS&EQUIPMENT PARK GROUNDS MAINTENANCE 2.30- PK-DISCOUNT 00051632 257013 1975693 1720.6333 GENERAL-CASH DISCOUNTS PARK GROUNDS MAINTENANCE 227.38 269821 10/29/2014 100478 TRANS ALARM INC 128.28 GOLF ALARM-4TH QTR 00048352 257085 RMR956228 5125.6249 OTHER CONTRACTUAL SERVICES GOLF DRIVING RANGE 187.12 GOLF ALARM-4TH QTR 00048352 257085 RMR956228 5110.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 315.40 259822 10/29/2014 101367 TRUGREEN PROCESSING CENTER 98.00 CMF-WEED CONTROL/FERTILIZER 00048563 257043 6005059120 1540.6266 REPAIRS-BUILDING CMF BUILDINGS&GROUNDS MNTC 7,830.33 PK FALL WEED SPRAYING IN PARKS)0051610 257086 25666707 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 7,928.33 259823 10/29/2014 100485 TWIN CITY FILTER SERVICE INC 146.68 GOLF-KTN FILTERS 00035397 257014 561613IN 5120.6249 OTHER CONTRACTUAL SERVICES GOLF KITCHEN 146.68 259824 10/29/2014 101587 TWIN CITY WATER CLINIC INC 375.00 COLIFORM WATER SAMPLES SEPT 00048457 256940 5634 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTRY 375.00 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 22 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259824 10129/2014 101587 TWIN CITY WATER CLINIC INC Continued... 259825 10/29/2014 142587 U S HEALTH WORKS MEDICAL GRP MN,PC 220.00 POL-EMPL PHYSICAL-B BOOTH 256945 37409MN 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT 220.00 POL-EMPL PHYSICAL-S MARBEN 256945 37409MN 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT 440.00 259826 10/29/2014 120784 ULINE 277.37 POL-EXAM GLOVES,RESPIRATOR 00075681 256853 62121221 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 277.37 259827 10/29/2014 100489 UNIFORMS UNLIMITED 44.99 POL-SHIRT HUDYMA 00071499 256942 221207 1205.6281 UNIFORM/CLOTHING ALLOWANCE POLICE RECORDS UNIT 52.39 POL-SS SHIRT B GROVE 00071498 256943 221208 1205.6281 UNIFORM/CLOTHING ALLOWANCE POLICE RECORDS UNIT 57.39 POL-SS POLO SHIRT M NELSON 00071500 256944 222426 1205.6281 UNIFORM/CLOTHING ALLOWANCE POLICE RECORDS UNIT 154.77 259828 10/29/2014 138025 UNIVERSITY OF MINNESOTA 255.00 BLDG OFFICIAL INST-HARMSEN 257062 20141029 1460.6275 SCHOOLS/CONFERENCES/EXP LOCAL INSPECTIONS TRAINING 280.00 BLDG OFFICIAL INST-MEYER 257062 20141029 1460.6275 SCHOOLS/CONFERENCES/EXP LOCAL INSPECTIONS TRAINING 385.00 BLDG OFFICIAL INST-DORN 257062 20141029 1460.6275 SCHOOLS/CONFERENCES/EXP LOCAL INSPECTIONS TRAINING 95.00 TOWARDS 0 DEATHS CONF DULUTH-E 257142 20141029 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 1,015.00 259829 10/29/2014 101467 VALLEY IMAGES 70.00 RETIREMENT PHOTOS BAIRD/RUDOLP 257044 9232 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 70.00 259830 10/29/2014 100839 VALLEY-RICH COMPANY INC 10,719.20 WTR MAIN BRK-13485 DIAMOND PTS0036805 257045 20823 5330.6269 REPAIRS-OTHER WTR MAIN/HYDRANT/CURB STOP MNT 10,719.20 259831 10/29/2014 100498 VIKING INDUSTRIAL CENTER 74.91 UTIL-EAR PLUGS WITH CORDS 00035251 256946 3026572 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 79.19 WQ-EAR PLUGS 00035251 256946 3026572 5505.6229 GENERAL SUPPLIES STORM DRAIN UTILITY 154.10 259832 10/29/2014 100504 VOSS LIGHTING 370.80 AVCC-LIGHT BULBS 00072486 257046 1525436200 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 370.80 CITY OF AP ALLEY 101 415:07:36 R55CKR2 L, ".5100 °' Council Check Register by GL Page- 23 Council Check Register and Summary 9/30/2014 - 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 269833 10/29/2014 146782 WAGNER,KRISTINA Continued... 347.00 REST ORDER OCA#12005393 257087 7878 2063.5399 OTHER MISCELLANEOUS REVENUE POLICE SEIZED CASH 347.00 269834 10/29/2014 100363 XCEL ENERGY 125.93 POL GUN RANGE ELECTRIC 257088 431627062 1255.6255 UTILITIES-ELECTRIC POLICE GUN RANGE 125.93 20140944 9/30/2014 142702 BLUE CROSS BLUE SHIELD OF MINNESOTA 24,029.00 30 COPAY AWARE 257117 Al 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,516.00 30 COPAY AWARE(RETIREE) 257118 A2 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 3,108.00 30 COPAYAWARE(RETIREE) 257119 A3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 13,892.00 HRAAWARE 2500/5000 257120 F1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,253.00 HRAAWARE 4000/8000 257121 J1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 55,815.00 HSAAWARE 2500/5000 257122 K1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 7,002.50 HSAAWARE 2500/5000(RETIREE) 257123 K3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 2,784.00 HSAAWARE 4000/8000 257124 L1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 4,081.50 30 COPAY ACCORD 257125 M1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 7,831.00 HRAACCORD 2500/5000 257126 S1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 2,365.00 HRAACCORD 4000/8000 257127 U1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 463.50 HRAACCORD 4000/8000(RETIREE) 257128 U3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 36,372.50 HSAACCORD 2500/5000 257129 V1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 481.50 HSAACCORD 2500/5000 257130 V3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 5,795.00 HSAACCORD 4000/8000 257131 W1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 166,789.50 20141039 10/27/2014 102664 ANCHOR BANK 58,404.66 FEDERAL TAXES PR 256825 1410028 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 23,509.41 EMPLOYEE FICA 256825 1410026 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 23,509.41 CITY SHARE FICA 256825 1410028 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 7,940.74 EMPLOYEE MEDICARE 256825 141002B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 7,940.74 CITY SHARE MEDICARE 256825 1410028 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 121,304.96 20141040 10/27/2014 100667 MN DEPT OF REVENUE 24,047.14 PAYROLL STATE TAX 256824 141002G 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 24,047.14 20141041 10/27/2014 100873 HEALTHPARTNERS 3,530.52 DENTAL CLAIMS 10/16-10/22/14 257182 20141022 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,530.52 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 10/29/201415:07:36 Council Check Register by GL Page- 24 Council Check Register and Summary 9/30/2014 — 10/31/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20141041 10/27/2014 100873 HEALTHPARTNERS Continued... 20141042 10/29/2014 130957 GENESIS EMPLOYEE BENEFITS INC 176.50 FLEX SPENDING DAYCARE-2014 257090 1410050 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 176.50 707,149.09 Grand Total Payment Instrument Totals 114 Checks 358,606.79 (D'" EFT Payments 315,848.62 1©la� A/P AC Payment 32,693.68 v Total Payments 707,149.09 j I' R55CKS2 LuviS100 CITY OF API ALLEY 101. 415:07:48 Council Check Summary Page- 1 9/30/2014 - 10/31/2014 Company Amount 01000 GENERAL FUND 176,707.28 02010 CABLE TV RESERVE FUND 18.00 02025 ROAD ESCROW FUND 2,492.00 02060 POLICE CRIME FUND 347.00 02090 14200 CEDAR AVE-OLD CITY HALL 789.18 04500 CONSTRUCTION PROJECTS 26,667.50 04700 TIF DIST#13-CAPITAL PROJECTS 1,605.00 04715 2012 IMPROVEMENTS 75.00 04750 ELECTRIC FRANCHISE 1,592.57 04800 CABLE CAPITAL EQUIP-PEG FUND 22,799.00 04900 PHYSICAL IMPROVEMENTS ESCROW F 60.00 05000 LIQUOR FUND 58,947.92 05100 GOLF FUND 4,423.68 05200 ARENA FUND 2,892.41 05300 WATER&SEWER FUND 78,431.28 05500 STORM DRAINAGE UTILITY FUND 1,939.17 05550 CONSTRUCTION PROJECTS 1,807.94 05600 CEMETERY FUND LEVEL PROGRAM 1,799.12 07000 LODGING TAX FUND 7,699.45 07100 INSURANCE TRUST DENTAL FUND 3,530.52 07200 RISK MANAGEMENT/INSURANCE FUND 206.97 09000 PAYROLL CLEARING FUND 312,318.10 Report Totals 707,149.09 R55CKR2 Lam'-. 100 CITY OF APF. LLEY 11/6, 9:26:09 Council Check Register by GL Page- 1 Council Check Register and Summary 9/29/2014 -- 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 10138 11/7/2014 100101 ACE HARDWARE 79.98 IA1-BOLTS,ANCHOR,MISC "00075021 257414 61110 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 27.45 IA1-DISTILLED WATER,KEY 00075025 257415 61190 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 87.07 IA1-PAINT,BRUSHES,MISC 00075028 257416 61254 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 19.46- IAt-DISCOUNT 257417 5210.6333 GENERAL-CASH DISCOUNTS ARENA 1 BUILDING MAINTENANCE 7.98 CH-CHAIR BRACE 00035176 257418 61227 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 8.97 CH-TRASH BAGS,KEY 00035176 257419 61127 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 1.70- CH-DISCOUNT 257420 1060.6333 GENERAL-CASH DISCOUNTS MUNICIPAL BLDG&GROUNDS MNTC .90 AVCC-SCREW 00072484 257421 61239 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .09- AVCC-DISCOUNT 00072484 257422 61239 1900.6333 GENERAL-CASH DISCOUNTS AV COMMUNITY CENTER 6.49 FIRE-OVEN CLEANER 00035260 257423 61086 1320.6229 GENERAL SUPPLIES FIRE PREVENTION 37.98 FIRE-EXTINGUISHER,CO2 DETECT00035260 257424 61217 1320.6229 GENERAL SUPPLIES FIRE PREVENTION 5.97 FIRE-HOSE FUEL LINE 00035260 257425 61096 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 3.75- FIRE-DISCOUNT 257426 1300.6333 GENERAL-CASH DISCOUNTS FIRE MANAGEMENT 3.98 PK-ANTIFREEZE 00035340 257427 61290 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 15.98 PK-MISC SUPPLY 00035340 257428 61347 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 1.60- PK-DISCOUNT 257429 1710.6333 GENERAL-CASH DISCOUNTS PARK MAINTENANCE MANAGEMENT 13.99 POL-BATTERIES 257430 61361 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 7.57 POL-LINT ROLLERS 257431 61361 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 17.94 POL-KEYS 257432 61328 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 3.95- POL-DISCOUNT 257433 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 13.99 SHOP-MISC SUPPLIES 257434 61277 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 1.40- SHOP-DISCOUNT 257435 1530.6333 GENERAL-CASH DISCOUNTS FLEET&BUILDINGS-CMF 5.98 STR-MISC SUPPLIES 257436 61021 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 31.56 STR-MISC SUPPLIES 257437 61055 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 3.76- STR-DISCOUNT 257438 1610.6333 GENERAL-CASH DISCOUNTS STREET/BOULEVARD REPAIR&MNTC 4.98 UTIL-SUPPLIES,WTP 00035231 257439 61050 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 10.98 UTIL-UTILITY KNIFE 00035231 257440 61175 5330.6211 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 3.95 UTIL-TAPE 00035231 257441 61206 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/READNC. 13.98 UTIL-SANDWICH BAGS,MURATIC Am0035231 257442 61261 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 4.99 UTIL-CAULK FOR METERS 00035231 257443 61286 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/READNC 4.49 UTIL-SASH LIFT STN NKL 00035231 257444 61324 5345.6229 GENERAL SUPPLIES WATER EQUIP/VEHICLE/MISC MNTC 6.48 UTIL-CAP,RECEPTACLE,WELL 1 00035231 257445 61351 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 5.00- UTIL-DISCOUNT 257446 5305.6333 GENERAL-CASH DISCOUNTS WATER MGMT/REPORT/DATA ENTRY 382.92 10139 11/7/2014 100709 BATTERIES PLUS BULBS 251.99 CABLE-WERKER BATTERY CARTRI0081175603 257198 17324921 2012.6215 EQUIPMENT-PARTS CABLE TV JOINT POWERS 251.99 10140 11/7/2014 101365 ECM PUBLISHERS INC R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 2 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 10140 11/7/2014 101365 ECM PUBLISHERS INC Continued... 820.00 NOTICE OF ELECTION 257353 155274 1015.6239 PRINTING CITY CLERK/ELECTIONS 70.00 SAMPLE BALLOT 257354 155273 1015.6239 PRINTING CITY CLERK/ELECTIONS 35.00 PAT TEST 257355 155275 1015.6239 PRINTING CITY CLERKIELECTIONS 925.00 10141 11/7/2014 100491 GREATER TWIN CITIES UNITED WAY 109.00 UNITED WAY DEDUCTION 257457 110514727265 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 109.00 10142 11/7/2014 100442 MELLESMOEN,STEPHANIE J 10.80 LOGIS TRITECH TRNG MELLESMOEN 257193 101410221 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 10.80 10143 11/7/2014 138249 MINNESOTA ENVIRONMENTAL FUND 60.50 MINNESOTA ENVIRONMENTAL FUND 257452 1105147272615 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 60.50 10144 11/7/2014 100395 R&R SPECIALTIES OF WISCONSIN INC 28.80 IA1-SHARPEN ZAMBONI BLADES 00035403 257410 557701N 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 28.80 IA2-SHARPEN ZAMBONI BLADES 00035403 257410 55770IN 5270.6265 REPAIRS-EQUIPMENT ARENA 2 EQUIPMENT MAINT-HAYES 27.00 IAt-SHARPEN ZAMBONI BLADES 00035403 257410 55770IN 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 27.00 IA2-SHARPEN ZAMBONI BLADES 00035403 257410 557701N 5270.6265 REPAIRS-EQUIPMENT ARENA 2 EQUIPMENT MAINT-HAYES 222.75 IA2-WATER PUMP,BELT,COVER 257467 55678IN 5265.6215 EQUIPMENT-PARTS ARENA BLDG MAINTENANCE-HAYES 334.35 10145 11/7/2014 118830 UHL COMPANY,INC. 906.00 CH-REPL TEMP CONTROL SENSOR 257488 30217 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 906.00 259835 11/5/2014 132021 BURNET TITLE 28.57 REF OVPMT UTIL-5759 ELLICE TRL 257519 20141103 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 28.57 259836 11/5/2014 146856 EHRNREITER,LAURA LEE 232.57 REF OVPMT UTIL-4767 137TH CIR 257520 20141103 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 232.57 259837 11/5/2014 146857 ESTATE OF JEAN MITCHELL 16.44 REF OVPMT UTIL-12966 ECHO LANE 257521 20141103 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 16.44 R55CKR2 L,_-100 CITY OF APF LLEY 11/6, 9:26:09 Council Check Register by GL Page 3 Council Check Register and Summary 9/29/2014 -- 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259837 11/5/2014 146857 ESTATE OF JEAN MITCHELL Continued... 259838 11/5/2014 146858 MORSE,CLINT 84.75 REF OVPMT UTIL-14649 HARR]NGTO 257522 20141103 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 84.75 259839 11/5/2014 146859 PETERSON,CAROL B 58.08 REF OVPMT UTIL-13305 DOWNEY TR 257523 20141103 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 58.08 259840 11/5/2014 146860 VOSSEN,ANTHONY 94.67 REF OVPMT UTIL-13135 FLAGSTAFF 257524 20141103 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 94.67 259841 11/5/2014 101431 HEALTH FUND,THE 107.50 HEALTH FUND DEDUCTION 257461 110514727269 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 107.50 259842 11/5/2014 100279 LAW ENFORCEMENT LABOR SERVICES 2,205.00 POL UNION DUES 257454 110514727262 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,205.00 259843 11/5/2014 101199 NCPERS MINNESOTA 768.00 PERA LIFE INSURANCE-SEPT 2014 257516 141101T 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 768.00 259844 11/5/2014 118834 OPEN YOUR HEART 152.50 OPEN YOUR HEART DEDUCTION 257448 1105147272611 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 152.50 259845 11/5/2014 116409 BERGMAN,JOHN 200.00 SUBSIST NLC CONF-AUSTIN BERGMA 253604 20141105 1005.6278 SUBSISTENCE ALLOWANCE MAYOR/CITY COUNCIL 200.00 259846 11/5/2014 100060 BERMEL,JOHN G 8.79 LUNCH DRIVING SCHOOL r MOM(%, 257194 20141020 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 8.79 259847 11/5/2014 144438 FERROZZO,KELSIE 2.24 REC-MILEAGE FERROZZO 257491 20141006 1850.6277 MILEAGE/AUTO ALLOWANCE REG SOFTBALL 2.24 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 4 Council Check Register and Summary 9/29/2014 — 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259847 11/5/2014 144438 FERROZZO,KELSIE Continued... 259848 11/5/2014 142085 HOOPPAW,CLINT 200.00 SUBSIST NLC CONF-AUSTIN HOOPPA 253603 20141105 1005.6278 SUBSISTENCE ALLOWANCE MAYOR/CITY COUNCIL 200.00 259849 11/5/2014 122500 JACOBS,JEROME J 29.99 UTIL-JEANS 257473 20141025 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 29.99 259850 11/5/2014 119621 KLOKONOS,SHANE P 10.80 LOGIS TRITECH TRAINING-KLOKONO 257192 20141021 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 10.80 259851 11/512014 132974 OCHS,RON 35.28 REC-MILEAGE OCHS 257492 20141018 1850.6277 MILEAGE/AUTO ALLOWANCE REC SOFTBALL 35.28 259852 11/5/2014 142971 WALKUSH,SHERRY 5.82 REC-MILEAGE WALKUSH 257490 20141025 1800.6277 MILEAGE/AUTO ALLOWANCE REC PROGRAM GENERAL 5.82 259853 11/5/2014 101616 LMC INSURANCE TRUST 94,696.75 4TH QTR W COMP INS 257345 28462 7205.6142 WORKERS COMPENSATION RISK MANAGEMENTS/INSURANCE 120,616.25 4THQTR PROP INS 257346 48256 7205.6311 INSURANCE-PROPERTY/LIABILITY RISK MANAGEMENTS/INSURANCE 215,313.00 259854 11/5/2014 145130 1 CLEAN CONSCIENCE 1,350.00 OLDCH-CLEANING SRVC OCT 257208 30 2092.6240 CLEANING SERVICE/GARBAGE 14200 CEDAR AVE-OLD CITY HALL 1,350.00 259855 11/5/2014 100001 A&B AUTO ELECTRIC INC 42.00 STR-RPR ROLLER/PACKER#320 00035167 257493 65694 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 42.00 259856 11/5/2014 146823 AFPS DBA LIFE SUPPORT INNOVATIONS 498.00 CARDIAC SCIENCE AED BATTERIES 257195 417101DI 1330.6215 EQUIPMENT-PARTS FIRE OPERATIONS 498.00 259857 11/5/2014 114540 ALEX AIR APPARATUS INC 193.00 FIRE-RPR HURST TOOL 257196 26263 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATI "� R55CKR2 L. 1 ,100 CITY OF API LLEY 11/L 9:26:09 Council Check Register by GL Page- 5 Council Check Register and Summary 9/29/2014 -- 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259857 11/5/2014 114540 ALEX AIR APPARATUS INC Continued... 2,115.00 FULL SERVICE/QTRLYAIR TESTS 257197 26410 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 2,308.00 259858 11/5/2014 146807 ANDERSON,KEVIN R 19.00 REFUND PICKLEBALL TOURNEY 9/16 257189 1008621002 1001.4355 RECREATION USER FEES GENERAL FUND REVENUE 19.00 259859 11/5/2014 100747 ARAMARK UNIFORM SERVICES INC 37.14 SHOP-UNIFORM RENT NOV 00046863 257402 6298101243 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 37.14 STR-UNIFORM RENT NOV 00046863 257402 6298101243 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 37.14 PK-UNIFORM RENT NOV 00046863 257402 6298101243 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 37.13 UTIL-UNIFORM RENT NOV 00046863 257402 6298101243 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 30.64 SHOP-UNIFORM RENT OCT 00046863 257403 6298096694 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 30.64 STR-UNIFORM RENT OCT 00046863 257403 6298096694 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 30.64 PK-UNIFORM RENT OCT 00046863 257403 6298096694 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 30.63 UTIL-UNIFORM RENT OCT 00046863 257403 6298096694 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 271.10 259860 11/5/2014 100030 ARNELL BUSINESS FORMS 1,230.25 FIN-SELF SEALING ENVELOPES 00051773 257494 146248 1035.6239 PRINTING FINANCE 1,230.25 259861 11/5/2014 100046 AVR INC 3,655.00 PK-25YOS CONCRETE 00035333 257404 101344 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 75.00- PK-DISCOUNT 00035333 257404 101344 1715.6333 2013144G GENERAL-CASH DISCOUNTS PARKATHLETIC FIELD MAINTENANC 2,768.00 PK-19YDS CONCRETE 00035333 257405 100847 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 57.00- PK-DISCOUNT 00035333 257405 100847 1715.6333 2013144G GENERAL-CASH DISCOUNTS PARKATHLETIC FIELD MAINTENANC 2,271.00 PK-15.5YDS CONCRETE 00035333 257406 100725 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 46.50- PK-DISCOUNT 00035333 257406 100725 1715.6333 2013144G GENERAL-CASH DISCOUNTS PARKATHLETIC FIELD MAINTENANC 8,515.50 259862 11/5/2014 100207 BDI GOPHER BEARING 202.62 BEARINGS 00046039 257199 6104880 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 13.03- 00046039 257199 6104880 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 189.59 259863 11/5/2014 120569 BENJAMIN FRANKLIN PLBG-NORTHFIELD 637.00 PISTONS/SEAL KITS WTR SOFTENESD075066 257200 H28784 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 637.00 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 6 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259864 11/5/2014 121014 BUCKEYE CLEANING CENTERS Continued... 142.36 AVCC-HAND SANITIZER 00050039 257495 845300 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 142.36 259865 11/5/2014 116142 CARGILL INCORPORATED 17,232.89 STR DEICING SALT 00051776 257348 2901948286 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 21,357.53 STR DEICING SALT 00051776 257349 2901941331 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 1,595.92 STR DEICING SALT 00051776 257350 2901946331 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 40,186.34 259866 11/5/2014 100878 CHARTER COMMUNICATIONS 55.92 POOL INSTALL CABLE BOX 00075810 257351 835230604000020 1930.6237 TELEPHONE/PAGERS REDWOOD POOL 8 3.72- POOL-USE TAX ADJUST 00075810 257351 835230604000020 1930.6237 TELEPHONE/PAGERS REDWOOD POOL 8 3.72 POOL-USE TAX ADJUST 00075810 257351 835230604000020 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 8 55.92 259867 11/5/2014 122019 CROWN RENTAL-BURNSVILLE 101.21 PK-TRENCHER RENTAL 00047286 257201 1808611 1715.6735 2013144G CAPITAL OUTLAY-OTHER IMPROVEME PARKATHLETIC FIELD MAINTENANC 101.21 259868 11/5/2014 100858 DALCO 105.41 CH-HARD WOUND TOWELS 00051784 257407 2809213 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 42.74 FIRE-HARD WOUND TOWELS 00051784 257407 2809213 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 42.74 CMF-HARD WOUND TOWELS 00051784 257407 2809213 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 42.74 PK-HARD WOUND TOWELS 00051784 257407 2809213 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 14.25 SWIM-HARD WOUND TOWELS 00051784 257407 2809213 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 7.60 LIQ1-HARD WOUND TOWELS 00051784 257407 2809213 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 7.60 LIQ2-HARD WOUND TOWELS 00051784 257407 2809213 5065.6229 GENERAL SUPPLIES LIQUOR#2 OPERATIONS 9.14 LIQ3-HARD WOUND TOWELS 00051784 257407 2809213 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 15.23 GOLF-HARD WOUND TOWELS 00051784 257407 2809213 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 1.57- 00051784 257407 2809213 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .98- 00051784 257407 2809213 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 3,346.00 AVCC-KAIVAC RESTROOM MACHINIB0051786 257408 2810611 1900.6735 CAPITAL OUTLAY-OTHER IMPROVEME AV COMMUNITY CENTER 1,673.00 AVCC-KAIVAC RESTROOM MACHIN®0051786 257408 2810611 1900.6735 CAPITAL OUTLAY-OTHER IMPROVEME AV COMMUNITY CENTER 1,673.00 IA1-KAIVAC RESTROOM MACHINE 00051786 257408 2810611 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 6,976.90 269869 11/5 146219 DIERS LAWN CARE&SERVICES R55CKR2 LL, 6100 CITY OF APF LLEY 11/6 9:26:09 Council Check Register by GL Page- 7 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259869 11/5/2014 145219 DIERS LAWN CARE&SERVICES Continued... 55.00 229 WALNUT LA-MOWING 255604 1326 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 55.00 1043 RAMSDELL DR-MOWING 257360 1367 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 65.00 7381146TH WAY W-MOWING 257361 1368 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 55.00 928 ORIOLE DR-MOWING 257362 1373 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 55.00 1090 LOWELL DR-MOWING 257363 1374 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 285.00 259870 11/5/2014 146847 DOCUSPHERE 3,070.94 FUJITSU SCANNER/KOFAX SOFTWAM1351783 257343 8453 1035.6399 OTHER CHARGES FINANCE 398.00 FUJITSU SCANNER MAINT 00051783 257343 8453 1040.6399 OTHER CHARGES DATA PROCESSING 3,468.94 259871 11/5/2014 100434 DOUGHERTY MOLENDA SOLFEST HILLS&BAUER 471.48 AV GENERAL CRIMINAL 257364 144354 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 482.12 APPEAL OF CRIMINAL CONV-SRL 257365 144355 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 173.20 AV GENERAL CIVIL 257366 144551 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 130.04 FARQUAR LAKE EASEMENTS#01-167 257367 144552 5505.6231 2009116D LEGAL SERVICES STORM DRAIN UTILITY 126.93 APPL FOR REGISTRATION OF LAND 257368 144553 3222.6231 2014125G LEGAL SERVICES TIF BONDS OF 1985,$560,000 216.98 AUGUSTANA CAMPUS EXPANSION 257369 144554 4403.6231 LEGAL SERVICES 08-393 AUGUSTANA HLTH EXPANSN 216.95 AT&T LEASE AMENDMENT 257370 144555 1050.6231 20053002 LEGAL SERVICES LEGAL GENERAL SERVICES 437.21 CODE VIOLATIONS-MISC 257371 144556 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 18,603.77 PARKSIDE VILLAGE(LEGACY N&T 257372 144557 4719.6231 2012150G LEGAL SERVICES LEGACY-IMH 267.96 RENTAL PROP COMP-RECHTZIGEL 257373 144559 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 4,362.92 QUARRY PONDS-ARCON LAND II 257374 144560 4502.6231 2013149G LEGAL SERVICES CONSTRUCTION PROJECTS 21.70 AV EAST FAMILY 2ND ADDN 257375 144561 4502.6231 2013154G LEGAL SERVICES CONSTRUCTION PROJECTS 276.40 HUNTER FORREST 257376 144562 4502.6231 201315BG LEGAL SERVICES CONSTRUCTION PROJECTS 169.24 PD INVESTIGATION-P.M. 257377 144563 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 112.83 LAND TITLE&BOUNDRIED-RICHTZI 257378 144564 1050.6231 2014125G LEGAL SERVICES LEGAL GENERAL SERVICES 2,249.88 157TH STAQUIS AT QUARRY PONDS 257379 144565 3222.6231 2014125G LEGAL SERVICES TIF BONDS OF 1985,$560,000 2,255.91 CORTLAND 3RD ADDN 257380 144566 4502.6231 2014112G LEGAL SERVICES CONSTRUCTION PROJECTS 84.62 AT&T ANTENNA LEASE-QUARRY DONN 257381 144567 1050.6231 20053029 LEGAL SERVICES LEGAL GENERAL SERVICES 84.62 SPRINT ANTENNA LEASE-VALLEYWOO 257382 144568 1050.6231 20053024 LEGAL SERVICES LEGAL GENERAL SERVICES 352.58 SPRINTANTENNA LEASE-PALOMINO 257383 144569 1050.6231 20053016 LEGAL SERVICES LEGAL GENERAL SERVICES 253.86 SPRINT ANTENNA LEASE-LONGRIDGE 257384 144570 1050.6231 20053007 LEGAL SERVICES LEGAL GENERAL SERVICES 28.21 AT&T REVIEW OF ASSIGN-CMF-CROW 257385 144571 1050.6231 20053002 LEGAL SERVICES LEGAL GENERAL SERVICES 56.42 AT&T ANTENNA LEASE-NORDIC PARK 257386 144572 1050.6231 20053028 LEGAL SERVICES LEGAL GENERAL SERVICES 1,715.87 HOLYOKE DRAINAGE IMPROV 257387 144573 5552.6231 2012149D LEGAL SERVICES CONSTRUCTION PROJECTS 988.00 REMINGTON COVE/GALAXIE PARTNER 257388 144574 4502.6231 2014136G LEGAL SERVICES CONSTRUCTION PROJECTS 520.70 COBBLESTONE LK COMM-5TH ADDN-P 257389 144575 4502.6231 2014135G LEGAL SERVICES CONSTRUCTION PROJECTS 338.48 TIDE DRY CLEANERS-TIME SHOPPIN 257390 144576 1050.6231 2014140G LEGAL SERVICES LEGAL GENERAL SERVICES R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 8 Council Check Register and Summary 9/29/2014 - 11f7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259871 11/5/2014 100434 DOUGHERTY MOLENDA SOLFEST HILLS&BAUER Continued... 889.52 COBBLESTONE LK NORTH SHORE 257391 144577 4502.6231 2014143G LEGAL SERVICES CONSTRUCTION PROJECTS 530.00 EMBRY PLACE 257392 144578 4502.6231 2014144G LEGAL SERVICES CONSTRUCTION PROJECTS 1,149.88 QUARRY PONDS WEST 257393 144579 4502.6231 2014133G LEGAL SERVICES CONSTRUCTION PROJECTS 24,621.00 POL LEGAL SERVICE-NOV 257468 66112721114 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 12,700.00 GEN ELGAL SERVICE-NOV 257469 66112731114 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 74,889.28 259872 11/5/2014 100407 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 9,257.86 POL-MISC EQ&EQUIPMENT#07 00047575 257202 11949 7402.6730 CAPITAL OUTLAY-TRANSPORTATION VERF-POLICE 157.44 ARROWBOARD ABLE 2 CONTROLLEU0038694 257496 AW1023142 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 9,415.30 259873 11/5/2014 145163 EMERGENCY RESPONSE SOLUTIONS 504.10 FIRE-CALIBRATION GAS 257203 2880 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 504.10 259874 11/5/2014 100157 FACTORY MOTOR PARTS CO 140.16 STR-INNER SLIDE SPRAY LUBE 00035181 257471 14541842 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 47.76 SHOP-BRAKE CLEANER 00035181 257472 75144834 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 187.92 269875 11/512014 101571 FARMERS MILL&ELEVATOR INC 3,018.59 BULK FERTILIZER 00051626 257204 YF039732 1720.6213 FERTILIZER PARK GROUNDS MAINTENANCE 3,018.59 259876 11/512014 120313 FASTENAL COMPANY 106.65 STR-MISC EQ PARTS 257497 MNLAK108293 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 239.28 STR-MISC EQ PARTS 257498 MNLAK108013 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 34.07 STR-MISC EQ PARTS 257498 MNLAK108013 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 380.00 259877 11/5/2014 136283 FIRE SAFETY USA 825.00 FIRE-STREMLIGHT LED SURVIVOR 257205 72858 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 825.00 259878 11/512014 109951 FIRST STATE TIRE RECYCLING 206.55 SHOP-CLEANUP DAY TIRE DISPOSAID043337 257499 94389 1530.6240 CLEANING SERVICE/GARBAGE REMOVFLEET&BUILDINGS-CMF 13.00 DEV-CLEANUP DAY TIRE DISPOSAL00043337 257500 94397 1100.6240 CLEANING SERVICE/GARBAGE REMOVDEV MANAGEMENT 219.55 R55CKR2 L� ..0100 CITY OF APF LLEY 11/6 9:26:09 Council Check Register by GL Page- 9 Council Check Register and Summary 9/29/2014 -- 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259879 11/6/2014 100420 FISCHER MINING,LLC Continued... 419.13 CONCRETE SAND 00035395 257206 100068 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 26.96- 00035395 257206 100068 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .50 GOLF-USE TAX ADJUST 00035395 257207 100138 1000,2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 210.59 CONCRETE SAND 00035395 257207 100138 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE .50- GOLF-USE TAX ADJUST 00035395 257207 100138 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 417.33 GOLF-SAND,TRUCKING 00035395 257463 100116 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 26.85- 00035395 257463 100116 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 993.24 259880 1116/2014 143296 FREY,LYNDELL F 16.22 REC-TEAM PHOTOS 257409 20141105 1850.6229 GENERAL SUPPLIES REC SOFTBALL 1.00 REC-USE TAX ADJ 257409 20141105 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1.00- REC-USE TAX ADJ 257409 20141105 1850.6229 GENERAL SUPPLIES REC SOFTBALL 18.20 REC-MILEAGE OCT 257409 20141105 1850.6277 MILEAGE/AUTO ALLOWANCE REC SOFTBALL 34.42 259881 11/5/2014 129789 GENERAL SECURITY SERVICES CORP 12.96 PK-REDWOOD ALARM-OCT 00075809 257352 321605 1730.6249 OTHER CONTRACTUAL SERVICES PARK BUILDING MAINTENANCE 12.96 259882 11/5/2014 101328 GOVCONNECTION INC 121.42 HP ELITEBOOK BATTERY/FLASH DF00049058 257209 51925930 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 40.82 IT-KINGSTON 4 GB SD RAM 00049058 257210 51921607 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 162.24 259883 11/5/2014 100217 GRAINGER 65.92 UTIL-PRY BARS 00074764 257475 9576303847 5330.6211 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 103.97 UTIL-ABRASIVE ROLL,GRINDING D 00074764 257475 9576303847 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 169.89 259884 11/5/2014 126031 GREAT RIVER GREENING 12,000.00 ALIMAGNET RESTORATION PROJ#1 257211 2258 1720.6735 CAPITAL OUTLAY-OTHER IMPROVEME PARK GROUNDS MAINTENANCE 12,000.00 259885 11/5/2014 101169 HAWKINS INC 2,105.40 FLUORIDE 257212 3654838RI 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTC/RPR 2,105.40 259886 11/5/2014 100610 HD SUPPLY WATERWORKS LTD 904.04 UTIL-17 LBANNODES 00035250 257501 D154413 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 10 Council Check Register and Summary 9/29/2014 — 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259886 11/5/2014 100510 HD SUPPLY WATERWORKS LTD Continued... 904.04 259887 11/5/2014 138032 HIBU INC 193.00 GOLF-SOUTH METRO AD 00051271 257357 20141003 5105.6239 PRINTING GOLF MANAGEMENT 2.90 GOLF-LATE FEE 00051271 257357 20141003 5105.6349 LATE FEES/FINANCE CHARGES GOLF MANAGEMENT 195.90 259888 11/5/2014 102063 ICERINK SUPPLY CO 1,092.00 IA1-OIUFILTER CHANGE COMPRS/P 257213 141002 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 1,092.00 259889 1115/2014 146808 KAUSS,DEL 19.00 REFUND PICKLEBALL TOURNEY 9/16 257190 1008819002 1001.4355 RECREATION USER FEES GENERAL FUND REVENUE 19.00 259890 11/5/2014 132646 KWIK KOPY BUSINESS CENTER 55.00 DEV-BUSINESS CARDS M DYKES 00074514 257476 16604 1100.6239 PRINTING DEV MANAGEMENT 55.00 259891 11/5/2014 101616 LMC INSURANCE TRUST 2,798.54 JULIE FREIBERGER CLAIM 6/22/14 257356 C0033002 7205.6399 OTHER CHARGES RISK MANAGEMENTS/INSURANCE 2,798.54 259892 11/5/2014 116371 LOFFLER 94.00 IT TONER FOR POLICE 257347 1847392 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 94.00 259893 11/5/2014 100293 MACQUEEN EQUIPMENT 17.88 STR-BEARING 00035435 257477 2146496 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 1,371.03 REPL TRACKLESS HYDRAULIC PTS 257478 S14445 1765.6265 REPAIRS-EQUIPMENT PARK EQUIPMENT MAINTENANCE 1,388.91 259894 11/5/2014 100294 MAIL PACK&SHIP 6.25 UTIL-SHIP TO MDH-FLUORIDE SAMR10074763 257465 AV038 5325.6238 POSTAGE/UPS/FEDEX WATER TREATMENT FCLTY MNTC/RPR 24.48 UTIL-SHIP TO MDH-WTR SAMPLE 00074761 257466 AV038 5325.6238 POSTAGE/UPS/FEDEX WATER TREATMENT FCLTY MNTC/RPR 30.73 259895 11/5/2014 100326 MN RECREATION&PARK ASSOC 160.00 FALL STATE SOFTBALL BERTH 00069037 257502 8325 1850.6399 OTHER CHARGES REC SOFTBALL 160.00 R55CKR2 L._..,100 CITY OF API ,LLEY 11A 9:26:09 Council Check Register by GL Page- 11 Council Check Register and Summary 9/29/2014 -- 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259895 11/5/2014 100326 MN RECREATION&PARK ASSOC Continued... 259896 11/5/2014 146170 NEWMAN SIGNS INC 325.21 FUTURE ROAD CONNECTION SIGNS 257479 T10279385 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 741.09 NO PARKING SIGNS 257480 T10279392 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 1,066.30 259897 11/512014 137687 NUSS TRUCK&EQUIPMENT 458.17 COOLANT PIPES,CLAMP#305 257481 7069425P 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 458.17 259898 11/5/2014 110957 O'REILLYAUTOMOTIVE INC 7.18 POL-EXHAUST HANGER 00048564 257464 3245129998 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL .14- POL-DISCOUNT 00048564 257464 3245129998 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 7.04 259899 11/5/2014 143336 PREMIER LOCATING INC 60.00 SL-ELECTRIC LOCATES 10/1,10/9 00051167 257503 37150 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 530.50 SL-ELECTRIC LOCATES 10/1-10115 00051167 257504 37151 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 590.50 259900 11/5/2014 101797 RCM SPECIALTIES INC 592.02 STR-ASPHALT EMULSION 257482 4598 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR 8.MNTC 618.93 STR-ASPHALT EMULSION 257483 4611 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 1,210.95 259901 11/5/2014 146865 REFUGIA,LLC 5,057.00 WO-MOW/INTERPLANT LONG LAKE M051777 257505 AV1401 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN UTILITY 5,057.00 259902 11/5/2014 132465 SAM'S CLUB DIRECT 33.86 GOLF KITCHEN FOOD 00049151 257394 2022 5120.6420 GOLF-FOOD GOLF KITCHEN 35.86 REG FOOD FOR RESALE 00075200 257395 1755 1850.6540 TAXABLE MISC FOR RESALE REG SOFTBALL 87.58 HCSC PROGRAM FOOD 257396 4578 1920.6229 GENERAL SUPPLIES SENIOR CENTER 93.84 REG PIZZA FOR TC CONCESSIONS 00075419 257397 5195 1840.6540 TAXABLE MISC FOR RESALE REG TEEN PROGRAMS 20.82 REG FOOD FOR RESALE 00075198 257398 3754 1850.6540 TAXABLE MISC FOR RESALE REG SOFTBALL 352.00 CD PAPER TOWELS,CLOREX VMPES0075064 257399 5265 1290.6229 GENERAL SUPPLIES CIVIL DEFENSE MANAGEMENT 41.88 GOLF KITCHEN FOOD 00049151 257400 5661 5120.6420 GOLF-FOOD GOLF KITCHEN 48.07 GOLF KNIVES,WIRE WHIPS 00049151 257401 5661 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 3.09- 00049151 257401 5661 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 710.82 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 12 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259902 11/5/2014 132465 SAM'S CLUB DIRECT Continued... 259903 11/5/2014 101709 SHAMROCK DISPOSAL 219.71 PK-30 YD DUMPSTER 00039459 257474 62230 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 219.72 STR-30 YD DUMPSTER 00039459 257474 62230 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 439.43 259904 11/5/2014 100829 SHAMROCK GROUP INC 78.02 GOLF-CO2/NITROGEN TANK RENTA00051254 257358 1837221 5120.6310 RENTAL EXPENSE GOLF KITCHEN 96.24 GOLF-CO2 GAS&NITROGEN 00051254 257359 1822505A 5120.6229 GENERAL SUPPLIES GOLF KITCHEN 174.26 259905 11/5/2014 135157 SILENT KNIGHT SECURITY SYSTEMS 135.00 AVCC-SECURITY CAMERA TECH SVO0075752 257484 85011 1900.6266 REPAIRS-BUILDING AV COMMUNITY CENTER 135.00 259906 11/5/2014 112351 SIMPLEX GRINNELL 453.44 CH-REPL WALLMOUNT HORN 257462 80616163 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 453.44 259907 11/5/2014 146854 SOLAR ENERGY CONTROL 935.00 REAPPLY FUSION 28 FILM-CH WIND00051779 257485 1517 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 935.00 259908 11/5/2014 101753 SYSCO MINNESOTA,INC 556.51 GOLF-KITCHEN FOOD 00027785 257411 410240919 5120.6420 GOLF-FOOD GOLF KITCHEN 83.11 GOLF-KITCHEN SUPPLIES 00027785 257411 410240919 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 571.65 GOLF-KITCHEN FOOD 00027785 257412 410210572 5120.6420 GOLF-FOOD GOLF KITCHEN 6.22 GOLF-KITCHEN SUPPLIES 00027785 257412 410210572 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 1,217.49 259909 11/5/2014 100478 TRANS ALARM INC 1,873.85 SWIM-INSTALL MONITORING SYSTBIA051675 257486 51675 1940.6265 REPAIRS-EQUIPMENT AQUATIC SWIM CENTER 1,702.54 HCSC-FIRE MONITORING RELAY SY(3)051680 257506 141368TAFR 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 3,576.39 259910 11/5/2014 109011 TSI INCORPORATED 965.23 CLEAN/CALIBRATE PORTACOUNT 257487 90672417 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 965.23 259911 11/51' 142587 U S HEALTH WORKS MEDICAL GRP MN,PC R55CKR2 L(,-.c;100 CITY OF APP. LLEY 11/6 9:26:09 Council Check Register by GL Page- 13 Council Check Register and Summary 9/29/2014 -- 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259911 11/512014 142587 U S HEALTH WORKS MEDICAL GRP MN,PC Continued... 332.00 EMPL PHYSICAL LEKO 257413 35293MN 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT 348.00 EMPL PHYSICAL ATWATER 257413 35293MN 1300.6235 CONSULTANT SERVICES FIRE MANAGEMENT 348.00 EMPL PHYSICAL MORGAN 257413 35293MN 1300.6235 CONSULTANT SERVICES FIRE MANAGEMENT 348.00 EMPL PHYSICAL SAVANT 257413 35293MN 1300.6235 CONSULTANT SERVICES FIRE MANAGEMENT 348.00 EMPL PHYSICAL TUFTEE 257413 35293MN 1300.6235 CONSULTANT SERVICES FIRE MANAGEMENT 348.00 EMPL PHYSICAL KOWALZEK 257413 35293MN 1300.6235 CONSULTANT SERVICES FIRE MANAGEMENT 2,072.00 259912 11/5/2014 100489 UNIFORMS UNLIMITED 52.39 POLO SHIRT FOR BARB GEVIK 00075902 257489 223387 1205.6281 UNIFORM/CLOTHING ALLOWANCE POLICE RECORDS UNIT 52.39 259913 11/5/2014 138025 UNIVERSITY OF MINNESOTA 295.00 CEAM CONF ANNUAL MEET-BLOMSTRO 257344 20141105 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING&TECHNICAL 295.00 CEAM CONF ANNUAL MEET-BLOMSTRO 257344 20141105 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 295.00- CEAM CONF ANNUAL MEET-BLOMSTRO 257344 20141105 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING&TECHNICAL 295.00 259914 11/5/2014 119253 VALLEY ATHLETIC ASSOCIATION 1,025.00 REFUND AVCC RENT FEE-JAN 2015 257470 1009240002 1001.5115 RENTS-APPLE VALLEY COMM CENTERGENERAL FUND REVENUE 1,025.00 259915 11/5/2014 126509 WATER CONSERVATION SERVICE 3,573.00 ANNUAL PART LEAK DETECT SURVBV035246 257507 5499 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 3,573.00 259916 11/5/2014 100814 WENZEL PLYMOUTH PLUMBING 5,666.00 FIRE-REPL RHEEN/BALL VALVES/RP 257508 29216 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 1,859.00 BASE BID PLBG RDWD POOL CONCES 257509 29223 1930.6266 REPAIRS-BUILDING REDWOOD POOL 7,525.00 259917 11/5/2014 108865 WINFIELD SOLUTIONS,LLC 5,468.70 GOLF-FUNGICIDE/INSECTICIDE 00050893 257510 59736741 5150.6214 CHEMICALS GOLF COURSE MAINTENANCE 351.79- 00050893 257510 59736741 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 5,116.91 259918 11/5/2014 100296 WIRTZ BEVERAGE MIN-BEER INC 1.45 GOLF-KTN BEER SVC FEE 00011037 257511 1080230074 5120.6419 GOLF-BEER GOLF KITCHEN 2.90 GOLF-KTN BEER SVC FEE 00011037 257512 1080230094 5120.6419 GOLF-BEER GOLF KITCHEN 4.35 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 14 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259918 11/5/2014 100296 WIRTZ BEVERAGE MIN-BEER INC Continued... 20140945 9/29/2014 120679 U S BANK P CARD 260.00 INSP SEMINAR HARMSON 257214 1460.6275 SCHOOLS/CONFERENCES/EXP LOCAL INSPECTIONS TRAINING Supplier 144171 ACT*10KLAKES BUILD 368.00 HCSC-SEGWAY TOUR PARTICIPANTOD074939 257215 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER Supplier 144197 ALL AMERICAN SEGWAY 65.00 ALLINA PULSE CHECK ELVIN 257216 1310.6275 SCHOOLS/CONFERENCES/EXP LOCAL FIRE TRAINING 65.00 ALLINA PULSE CHECK CORNWELL 257217 1310.6275 SCHOOLS/CONFERENCES/EXP LOCAL FIRE TRAINING Supplier 146670 ALLINA LEARNING&DEVELOPMENT 49.98 HCSC-PIC KLEBALLS 00074949 257218 1920.6229 GENERAL SUPPLIES SENIOR CENTER 61.49 FIRE-WIRELESS KEYBOARD 00075702 257219 1300.6211 SMALL TOOLS&EQUIPMENT FIRE MANAGEMENT Supplier 140339 AMAZON.COM 395.00 HR-JOB POSTING NR COORDINATOU0067974 257220 1020.6239 PRINTING HUMAN RESOURCES 210.00 AWWA CONF DULUTH BLOMMEL JOHNS 257221 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOL/MEETINGS Supplier 100019 AMERICAN PUBLIC WORKS ASSN 71.19 POL-PIZZA,MGR COALITION MTG 00074328 257222 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PRE\ Supplier 144009 APPLE VALLEY PIZZA RANCH 32.12 FIRE-SCREEN PROTECTOR FOR IP/11)075701 257223 1300.6211 SMALL TOOLS&EQUIPMENT FIRE MANAGEMENT 2.13 FIRE-USE TAX ADJ 00075701 257224 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2.13- FIRE-USE TAX ADJ 00075701 257225 1300.6211 SMALL TOOLS&EQUIPMENT FIRE MANAGEMENT Supplier 113057 BEST BUY 20.89 GOLF-BREATHER TUBE 00075119 257226 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE Supplier 145417 BRIGGS&STRATTON CORP 6.53 REC-APPLES FOR APPLE CLASS 00075365 257227 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS Supplier 100083 BYERLYS 480.96 AWWACONF DULUTH BLOMMEL JOHNS 257228 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOL/MEETINGS Supplier 144524 CANAL PARK LODGE 63.84 REC-FOOD FOR RESALE 00075192 257229 1850.6540 TAXABLE MISC FOR RESALE REC SOFTBALL 63.84 REC-FOOD FOR RESALE 00075192 257230 1850.6540 TAXABLE MISC FOR RESALE REC SOFTBALL Supplier 120941 CARBON E'S PIZZA BAR&GRILL 30.00 POL-GIFT CARDS FOR OPEN HOUSE0074685 257231 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PRE\ Supplier 145193 CHICK-FIL-A 465.43 FIRE-TRUCK BAG,GLOVES 257232 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS Supplier 101775 CMC RESCUE INC 33.95 POL-FRUIT,MUFFINS,PASTRIES 00070219 257233 1225.6229 GENERAL SUPPLIES POLICE TRAINING 20.20 GOLF-KITCHEN FOOD 00075522 257234 5120.6420 GOLF-FOOD GOLF KITCHEN 8.67 GOLF-KITCHEN FOOD 00075519 257235 5120.6420 GOLF-FOOD GOLF KITCHEN 44.77 REC-PS LIL CHEF SUPPLIES 00075412 257236 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS .03 REC-USE TAX ADJ 00075412 257237 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .03- REC-USE TAX ADJ 00075412 257238 1875.6229 GENERAL SUPPLIES REC PRESCf 'ROGRAMS R55CKR2 Ll,_.0100 CITY OF APF LLEY 11/6 9:26:09 Council Check Register by GL Page- 15 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140945 9/29/2014 120679 U S BANK P CARD Continued... 21.41 REC-TRAC PHONE CARD 00075412 257239 1840.6229 r GENERAL SUPPLIES REC TEEN PROGRAMS 1.42 REC-USE TAX ADJ 00075412 257240 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1.42- REC-USE TAX ADJ 00075412 257241 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS Supplier 100114 CUB FOODS 226.02 GOLF-PLAQUES 00074973 257242 5105.6229 GENERAL SUPPLIES GOLF MANAGEMENT .53 GOLF-USE TAX ADJ 00074973 257243 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .53- GOLF-USE TAX ADJ 00074973 257244 5105.6229 GENERAL SUPPLIES GOLF MANAGEMENT Supplier 100129 DAKOTAAWARDS&ENGRAVING 139.00 DEV-SUBSCRIPTION,NORDQUIST 257245 1100.6280 DUES&SUBSCRIPTIONS DEV MANAGEMENT Supplier 141958 FINANCE AND COMMERCE 278.00 POL-SINGLE CURVE FULL CUT,SHC00075652 257246 1281.6229 GENERAL SUPPLIES POLICE K-9 Supplier 146671 HIGHCOM SECURITY INC 240.00 MCPA CONF WALTER DULUTH 257247 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING Supplier 102703 HOLIDAY INN&SUITES 79.00 HR-SUBSCRIPTION RENEWAL 00067977 257248 1020.6280 DUES&SUBSCRIPTIONS HUMAN RESOURCES Supplier 101089 KIPLINGER WASHINGTON LETTER 40.00 POL-GIFT CARDS FOR OPEN HOUSE0074683 257249 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PRE\ Supplier 103023 KWIK TRIP INC 124.96 POL-RESTRAINTS,GEAR BAG 00074687 257250 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL Supplier 144528 LA POLICE GEAR INC 25.00 INV 5536033 257251 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY Supplier 141272 MAILCHIMP 50.00 POL-GIFT CARDS FOR OPEN HOUS130074682 257252 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PRE\ Supplier 100301 MCDONALDS APPLE VALLEY 8.02 POL-WOOD LATH FOR AVPD RANG®0075676 257253 1255.6399 OTHER CHARGES POLICE GUN RANGE .53 POL-USE TAX ADJ 00075676 257254 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .53- POL-USE TAX ADJ 00075676 257255 1255.6399 OTHER CHARGES POLICE GUN RANGE 20.68 REC-SWIFFER REFILLS,WINDEX 00075414 257256 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS 1.38 REC-USE TAX ADJ 00075414 257257 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1.38- REC-USE TAX ADJ 00075414 257258 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS Supplier 100309 MENARDS 6.25 REC-PS FALL FEST SUPPLIES 00075415 257259 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS .28 REC-USE TAX ADJ 00075415 257260 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .28- REC-USE TAX ADJ 00075415 257261 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS Supplier 100748 MICHAELS 111.96 CABLE-CABLES 257262 2012.6215 EQUIPMENT-PARTS CABLE TV JOINT POWERS 111.96- CABLE-RETURN CABLES 257263 2012.6215 EQUIPMENT-PARTS CABLE TV JOINT POWERS Supplier 121045 MICRO CENTER 499.08 REC-VOLLEYBALLS,BALL CART 257264 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 16 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140946 9/29/2014 120679 U S BANK P CARD Continued... 33.19 REC-USE TAX ADJ 257265 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 33.19- REC-USE TAX ADJ 257266 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL Supplier 102822 MIDWEST VOLLEYBALL WAREHOUSE INC 7.05 POL-DUCT TAPE FOR OPEN HOUSE00074325 257267 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PREM .47 POL-USE TAX ADJ 00074325 257268 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .47- POL-USE TAX ADJ 00074325 257269 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PRE\ Supplier 100640 FLEET FARM 25.00 MN MAINT EXPO ST CLOUD DAUBONT 257270 1600.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET MANAGEMENT 25.00 MN MAINT EXPO ST CLOUD CORDES 257271 1600.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET MANAGEMENT 25.00 MN MAINT EXPO ST CLOUD THOM 257272 1600.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET MANAGEMENT 25.00 MN 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00075662 257283 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT Supplier 100577 OFFICE MAX 74.34 POL-BALLOONS FOR OPEN HOUSE00074323 257284 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 4.94 POL-USE TAX ADJ 00074323 257285 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 4.94- POL-USE TAX ADJ 00074323 257286 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT Supplier 102901 PARTY CITY 290.00 ANNUAL APA CONF DULUTH BODMER 257287 1100.6276 SCHOOLS/CONFERENCES/EXP OTHERDEV MANAGEMENT 290.00 ANNUALAPACONF DULUTH LOVELAC 257288 1100.6276 SCHOOLS/CONFERENCES/EXP OTHERDEV MANAGEMENT Supplier 139988 PAYPAL 50.34 POL-DOG FOOD 00075661 257289 1281.6229 GENERAL SUPPLIES POLICE K-9 3.35 POL-USE TAX ADJ 00075661 257290 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 3._35-.rPaOL-USE TAX ADJ 00075661 257291 1281.6229 GENERAL SUPPLIES POLICE K-9 ..-'r- Supplier 102545 PETCO ANIMAL SUPPLIES INC 69.36 GOLF-SOFTWARE UPGRADE(VIDE(DB075537 257292 5115.6229 GENERAL SUPPLIES GOLF PRO SHOP 4.46- 00075537 257292 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET Supplier 146673 PHOTODEX CORP 34.39 GOLF-TABLESKIRT DRYCLEANING 00075524 257293 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING Supplier 146672 REDTAG CLEANERS R55CKR2 L( . 6100 CITY OF APF LLEY 11/6 9:26:09 Council Check Register by GL Page- 17 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140945 9/29/2014 120679 U S BANK P CARD Continued... 17.99 REC-PLGD PROGRAM SUPPLIES 257294 1825.6229 GENERAL SUPPLIES REC SUMMER PLAYGROUND ACTIVITY Supplier 101127 S&S WORLDWIDE INC 36.39 GOLF-SMALL TOOLS 00075525 257295 5145.6211 SMALL TOOLS&EQUIPMENT GOLF SHOP BUILDING MAINTENANCE 53.63 POOL-VACUUM 00075193 257296 1930.6211 SMALL TOOLS&EQUIPMENT REDWOOD POOL 3.64 POOL-USE TAX ADJ 00075193 257297 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 3.64- POOL-USE TAX ADJ 00075193 257298 1930.6211 SMALL TOOLS&EQUIPMENT REDWOOD POOL Supplier 143792 SEARS 120.00 POL-NOTARY RENEWAL GEVIK 257299 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 120.00 POL-NOTARY RENEWAL NELSON 257300 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT Supplier 113479 SECRETARY OF STATE,OFFICE OF THE 115.00 GARTNER SYMP ORLANDO BANG 257301 1030.6276 SCHOOLS/CONFERENCES/EXP OTHERINFORMATION TECHNOLOGY Supplier 146674 SHERATON LAKE BUENA VISTA 185.00 HR-MEMBERSHIP RENEWAL 00067976 257302 1020.6280 DUES&SUBSCRIPTIONS HUMAN RESOURCES Supplier 102064 SHRM 174.99 POL-RIFLE PLATE CARRIER K9 00075653 257303 1281.6229 GENERAL SUPPLIES POLICE K-9 Supplier 146675 SKID TACTICAL 83.41 GOLF-SCREEN INLET(60) 00075520 257304 5160.6215 EQUIPMENT-PARTS GOLF IRRIGATION MAINTENANCE 5.37- 00075520 257304 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET Supplier 146417 SPORTS TURF IRRIGATION 238.46 REC-STAINLESS TABLE,WIRE RACK)0069000 257305 1850.6229 GENERAL SUPPLIES REC SOFTBALL 15.86 REC-USE TAX ADJ 00069000 257306 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 15.86- REC-USE TAX ADJ 00069000 257307 1850.6229 GENERALSUPPLIES REC SOFTBALL 106.52 AVCC-BALL PUMP,BASKETBALL RA00069000 257308 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 7.09 AVCC-USE TAX ADJ 00069000 257309 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 7.09- AVCC-USE TAX ADJ 00069000 257310 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER Supplier 146676 WHITEFORD AUCTION 26.76 GOLF-COIN ENVELOPES 00075518 257311 5115.6210 OFFICE SUPPLIES GOLF PRO SHOP Supplier 132732 STAPLES ` 12.18 AVCC-STORAGE BAGGIES 00068999 257312 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .81 AVCC-USE TAX ADJ 00068999 257313 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .81- AVCC-USE TAX ADJ 00068999 257314 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 17.13 POL-TOASTER 00075657 257315 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 1.14 POL-USE TAX ADJ 00075657 257316 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1.14- POL-USE TAX ADJ 00075657 257317 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL Supplier 100463 TARGET STORES 25.11 UTIL-LANDSCAPE RPR GURNEY CT W 257318 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 1.67 UTIL-USE TAX ADJ 257319 5300.2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 1.67- UTIL-USE TAX ADJ 257320 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 8.54 POL-10 GALLON TOTE 00075656 257321 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 18 Council Check Register and Summary 9/29/2014 - 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140945 9/29/2014 120679 U S BANK P CARD Continued... .57 POL-USE TAX ADJ 00075656 257322 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .57- POL-USE TAX ADJ 00075656 257323 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 199.00 CH-3 SPEED BLOWER 00075060 257324 1060.6211 SMALL TOOLS&EQUIPMENT MUNICIPAL BLDG&GROUNDS MNTC 42.79 AVCC-SMALL TOOLS FOR CC 00075180 257325 1900.6211 SMALL TOOLS&EQUIPMENT AV COMMUNITY CENTER 2.85 AVCC-USE TAX ADJ 00075180 257326 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2.85- AVCC-USE TAX ADJ 00075180 257327 1900.6211 SMALL TOOLS&EQUIPMENT AV COMMUNITY CENTER Supplier 143525 HOME DEPOT STORE#2833 49.70 POOL-FAUCET 00075801 257328 1930.6229 GENERAL SUPPLIES REDWOOD POOL Supplier 144237 THE WEBSTAURANT STORE 108.78 GOLF-GLOVES,WIPES 00075521 257329 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE .25 GOLF-USE TAX ADJ 00075521 257330 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .25- GOLF-USE TAX ADJ 00075521 257331 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE Supplier 120784 ULINE 40.22 POL-SUPPLIES FOR FTO BASIC C000073639 257332 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT .14 POL-USE TAX ADJ 00073639 257333 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .14- POL-USE TAX ADJ 00073639 257334 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 17.58 POL-STORAGE TUBS(3) 00073640 257335 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 13.32 POL-SUPPLIES FOR FTO BASIC C0100073639 257336 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT Supplier 102101 WAL-MART 16.37 FIRE-BLACK HOCKEY TAPE 00074748 257337 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 1.09 FIRE-USE TAX ADJ 00074748 257338 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1.09- FIRE-USE TAX ADJ 00074748 257339 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS Supplier 100516 WESTWOOD SPORTS INC 10.39 GOLF-CLEAR BAGS 00075527 257340 5120.6229 GENERAL SUPPLIES GOLF KITCHEN 13.38 GOLF-KITCHEN FOOD 00075526 257341 5120.6420 GOLF-FOOD GOLF KITCHEN Supplier 102101 WAL-MART 29.95 SUBSCRIPTION ID#439181 257342 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY Supplier 139978 WUFOO.COM 7,576.01 20141101 11/7/2014 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 27,066.11 PLAN#301171 FULL-TIME ICMA 257447 110514727261 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 27,066.11 20141102 11/7/2014 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 680.00 PLAN#705481 ROTH IRA 257449 1105147272612 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 680.00 20141103 11/7/2014 129553 US BANK 3,186.98 HSA FUNDING-EMPLOYEE CONTRIB 257450 1105147272613 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLE 'BAL SHEET R55CKR2 L, .100 CITY OF APE LLEY 11/6, 9:26:09 Council Check Register by GL Page 19 Council Check Register and Summary 9/29/2014 — 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20141103 11/7/2014 129553 US BANK Continued... 3,188.98 20141104 11/7/2014 129576 US BANK 212.25 SERGEANT PEHRA FUNDING-GROSS W 257451 1105147272614 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 17.30 SERGEANT PEHRA FUNDING-ANNUAL 257451 1105147272614 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,085.44 POLICE PEHRA FUNDING-GROSS WAG 257451 1105147272614 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 685.55 POLICE PEHRA FUNDING-ANNUAL LE 257451 1105147272614 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 394.78 POLICE PEHRA FUNDING-COMP 257451 1105147272614 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,395.32 20141105 11/7/2014 144790 ING MN DCP 1,125.00 PLAN#650251 MN DCP 257453 1105147272616 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,125.00 20141106 11/7/2014 100392 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 40,821.26 EMPLOYEE SHARE PERA 257455 110514727263 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 53,499.68 CITY SHARE PERA 257455 110514727263 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 94,320.94 20141107 11/7/2014 100455 AFFINITY PLUS FEDERAL CREDIT UNION 1,937.10 CREDIT UNION DEDUCT 257456 110514727264 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,937.10 20141108 11/7/2014 101238 MINNESOTA CHILD SUPPORT PAYMENT CENTER 171.97 CHILD SUPPORT 257458 110514727266 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 415.32 CHILD SUPPORT 257459 110514727267 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 870.78 CHILD SUPPORT 257460 110514727268 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,458.07 20141109 11/1/2014 129553 US BANK 1,105.02 HSA-CHRISTIANSON/DEJONKER/HUTC 257191 141101C 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 1,105.02 20141110 11/1/2014 129553 US BANK 208.38 HSA FUNDING-HARMSEN ADJUSTMENT 257188 141101C 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 208.38 20141111 11/7/2014 130957 GENESIS EMPLOYEE BENEFITS INC 590.84 FLEX SPENDING MEDICAL-2014 257517 141101N 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 82.00 FLEX SPENDING DAYCARE-2014 257518 1411010 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/6/2014 9:26:09 Council Check Register by GL Page- 20 Council Check Register and Summary 9/29/2014 — 11/7/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20141111 11/7/2014 130967 GENESIS EMPLOYEE BENEFITS INC Continued... 672.84 20141114 11/6/2014 101671 MN DEPT OF REVENUE 83.29 DIESEL TAX-PARKS 257513 20141105 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 283.62 DIESEL TAX-STREETS 257513 20141105 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 21.36 DIESEL TAX-WATER 257513 20141105 5345.6212 MOTOR FUELS/OILS WATER EQUIPNEHICLE/MISC MNTC 63.17 DIESELTAX-SEWER 257513 20141105 5390.6212 MOTOR FUELS/OILS SWR EQUIPNEHICLE MISC MNTC/RP 451.44 579,313.56 Grand Total ` Payment Instrument Totals U\�� Checks 434,147.79 EFT Payments 142,185.21 A Payment 2,980.56 Totaltal Payments 579,313.56 R55CKS2 L, _ 100 CITY OF APF ,LLEY 11/61. 9:26:18 Council Check Summary Page- 1 9/29/2014 - 11/7/2014 Company Amount 01000 GENERAL FUND 152,764.58 02010 CABLE TV RESERVE FUND 251.99 02090 14200 CEDAR AVE-OLD CITY HALL 1,350.00 03220 TIF BONDS OF 1985,$560,000 2,376.81 04400 2008 CONSTRUCTION FUND 216.98 04500 CONSTRUCTION PROJECTS 10,995.03 04715 2012 IMPROVEMENTS 18,603.77 05000 LIQUOR FUND 22,77 05100 GOLF FUND 8,675.02 05200 ARENA FUND 3,274.39 05300 WATER&SEWER FUND 8,300.25 05500 STORM DRAINAGE UTILITY FUND 5,245.94 05550 CONSTRUCTION PROJECTS 1,715.87 05800 STREET LIGHT UTIL FUND 590.50 07200 RISK MANAGEMENT/INSURANCE FUND 218,111.54 07400 VERF-POLICE 9,257.86 09000 PAYROLL CLEARING FUND 137,560.26 Report Totals 579,313.56 R55CKR2 L-6100 CITY OF APV ALLEY 11/. 113:09:25 Council Check Register by GL Page- 1 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 10146 11/14/2014 100828 BREUER,SCOTTA 20.16 REC-MILEAGE OCT BREUER 257547 20141023 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 20.16 10147 11/1412014 114590 CRABTREE COMPANIES INC 11,154.00 IT-LASERFICHE ASSUR PLAN RNWL 257681 127831 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 11,154.00 10148 11114/2014 101365 ECM PUBLISHERS INC 400.00 HCSC-RENTALAD 10/24/14 00075855 257557 156883 1920.6239 PRINTING SENIOR CENTER 400.00 10149 11/1412014 136639 IMPACT PROVEN SOLUTIONS 1,806.58 UB POSTAGE-OCT 257582 95528 5303.6238 POSTAGE/UPS/FEDEX UTILITY BILLING 732.05 UB PRINTMAIL BILLS OCT 257582 95528 5303.6249 OTHER CONTRACTUAL SERVICES UTILITY BILLING 2,538.63 10150 11/14/2014 102103 M/AASSOCIATES 269.08 FIRE-BRAWNY TOWELS 00075730 257694 7682 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 269.08 10151 11114/2014 100348 MTI DISTRIBUTING CO 468.81 GOLF-RPR OF 4700 ROUGH UNIT 00035360 257611 98676900 5155.6265 REPAIRS-EQUIPMENT GOLF EQUIPMENT MAINTENANCE 186.40 GOLF-PARTS FOR WORKMAN 00035360 257612 98777000 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 513.44 PK-IRRIG PARTS 00035349 257613 98819700 1780.6215 EQUIPMENT-PARTS PARK HIGH SCHOOL#4 FIELDS 453.64 PK-IRRIG PARTS 00035349 257614 98840600 1780.6215 EQUIPMENT-PARTS PARK HIGH SCHOOL#4 FIELDS 180.84 PK-IRRIG PARTS FOR QP 00035349 257615 98896000 1715.6215 EQUIPMENT-PARTS PARKATHLETIC FIELD MAINTENANC 1,803.13 10152 11/1412014 100395 R&R SPECIALTIES OF WISCONSIN INC 4.41 IA2-USE TAX ADJUST 257703 55778IN 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 68.61 IA2-CHAIN&SPROCKET 257703 55778IN 5270.6215 EQUIPMENT-PARTS ARENA EQUIPMENT MAINT-HAYES 4.41- IA2-USE TAX ADJUST 257703 55778IN 5270.6215 EQUIPMENT-PARTS ARENA 2 EQUIPMENT MAINT-HAYES 68.61 10153 11114/2014 121942 SPRINT 348.25 FIRE MOBILE PHONE OCT 257586 691466141097 1300.6237 TELEPHONE/PAGERS FIRE MANAGEMENT 348.25 10154 11/14/2014 119521 WILSKE,JOSHUA J 26.42 IT-MILEAGE OCT WILSKE 257673 20141031 1030.6277 MILEAGE/AUTO ALLOWANCE INFORMATION TECHNOLOGY R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09:25 Council Check Register by GL Page- 2 Council Check Register and Summary 11/3/2014 — 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 10154 11/14/2014 119521 WILSKE,JOSHUA J Continued... 26.42 259919 11/7/2014 146562 IMH SPECIAL ASSET NT-175AVN,LLC 370.04 REFUND PEN&INT(COJ PMTAPRI 257525 ROLL 476 DELQ 3286.5058 SA PEN&INT COLL BY DAK CTY REF BOND 2008,$2,415,000 REV S/AAPRIL 2 3,166.34 REFUND PEN&INT(COJ PMTAPRI 257526 ROLL 502 DELA 3286.5058 SA PEN&INT COLL BY DAK CTY REF BOND 2008,$2,415,000 REV S/AAPRIL 2 2,248.01 REFUND PEN&INT(COJ PMT APRI 257527 ROLL 512 DELA 3206.5058 SA PEN&INT COLL BY DAK CTY CLOSED BOND ISSUE REVENUE S/AAPRIL 2 7,154.42 REFUND PEN&INT(COJ PMTAPRI 257528 ROLL 529 DELQ 3321.5058 SA PEN&INT COLL BY DAK CTY BONDS 2004,$4,325,000 REVENUE S/AAPRIL 2 170,608.00 REFUND PEN&INT(COJ PMT APRI 257529 ROLL 548 DELA 3331.5058 SA PEN&INT COLL BY DAK CTY BONDS 2006,$5,785,000 REVENUE S/AAPRIL 2 18,840.80 REFUND PEN&INT(COJ PMT APRI 257530 ROLL 549 DELA 3331.5058 SA PEN&INT COLL BY DAK CTY BONDS 2006,$5,785,000 REVENUE S/AAPRIL 2 26,404.95 REFUND PEN&INT(COJ PMT APRI 257531 ROLL 555 DELA 3206.5056 SA PEN&INT COLL BY DAK CTY CLOSED BOND ISSUE REVENUE S/AAPRIL 2 1,235.90 REFUND PEN&INT(COJ PMTAPRI 257532 ROLL 566 DELQ 2026.5058 SA PEN&INT COLL BY DAK CTY ROAD ESCROW REVENUES S/AAPRIL 2 1,058.50 REFUND PEN&INT(COJ PMT APRT 257533 ROLL 576 DELQ 1001.5058 SA PEN&INT COLL BY DAK CTY GENERAL FUND REVENUE S/AAPRIL 2 223.01 REFUND PEN&INT(COJ PMT APR] 257534 ROLL 584 DELQ 1001.5058 SA PEN&INT COLL BY DAK CTY GENERAL FUND REVENUE S/AAPRIL 2 278.23 REFUND PEN&INT(COJ DEC 2013 257535 ROLL 476 DELQ 3286.5058 SA PEN&INT COLL BY DAK CTY REF BOND 2008,$2,415,000 REV S/AAPRIL 2 2,359.67 REFUND PEN&INT(COJ DEC 2013 257536 ROLL 502 DELQ 3286.5058 SA PEN&INT COLL BY DAK CTY REF BOND 2008,$2,415,000 REV S/AAPRIL 2 1,718.19 REFUND PEN&INT(COJ DEC 2013 257537 ROLL 512 DELQ 3206.5058 SA PEN&INT COLL BY DAK CTY CLOSED BOND ISSUE REVENUE S/AAPRIL 2 5,493.16 REFUND PEN&INT(COJ DEC 2013 257538 ROLL 529 DELQ 3321.5058 SA PEN&INT COLL BY DAK CTY BONDS 2004,$4,325,000 REVENUE S/AAPRIL 2 16,079.23 REFUND PEN&INT(COJ DEC 2013 257539 ROLL 548 DELQ 3331.5058 SA PEN&INT COLL BY DAK CTY BONDS 2006,$5,785,000 REVENUE S/AAPRIL 2 44,491.04 REFUND PEN&INT(COJ DEC 2013 257540 ROLL 549 DELQ 3331.5058 SA PEN&INT COLL BY DAK CTY BONDS 2006,$5,785,000 REVENUE S/AAPRIL 2 26,386.39 REFUND PEN&INT(COJ DEC 2013 257541 ROLL 555 DELQ 3206.5058 SA PEN&INT COLL BY DAK CTY CLOSED BOND ISSUE REVENUE S/AAPRIL 2 1,104.40 REFUND PEN&INT(COJ DEC 2013 257542 ROLL 566 DELQ 2026.5058 SA PEN&INT COLL BY DAK CTY ROAD ESCROW REVENUES S/AAPRIL 2 432.96 REFUND PEN&INT(COJ DEC 2013 257543 ROLL 576 DEL( 1001.5058 SA PEN&INT COLL BY DAK CTY GENERAL FU VENUE R55CKR2 Lc.._,6100 CITY OF APF LLEY 11V ~13:09:25 Council Check Register by GL Page- 3 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 269919 11/7/2014 146562 IMH SPECIAL ASSET NT-17SAVN,LLC Continued... S/A AP RI L 2 737.02 REFUND PEN&INT(COJ DEC 2013 257544 ROLL 584 DELA 1001.5058 SA PEN&INT COLL BY DAK CTY GENERAL FUND REVENUE S/AAPRIL 2 366.67 REFUND PEN&INT(COJ DEC 2013 257545 ROLL 592 DELQ 1001.5058 SA PEN&INT COLL BY DAK CTY GENERAL FUND REVENUE S/AAPRIL 2 330,756.93 259920 11/12/2014 101640 EDINA REALTY TITLE 80.00 REF OVPMT UTIL-13755 FORDHAM C 257761 20141106 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 80.00 259921 11/12/2014 146898 KELLY,JILL 28.72 REF OVPMT UTIL-14393 EVELETH A 257756 20141106 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 28.72 269922 11/12/2014 146899 NAGUBOYINA,SRIDHAR 46.12 REF OVPMT UTIL-13225 GALENA WY 257757 20141106 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 46.12 259923 11/12/2014 146900 PATEL,MANANKUMAR 20.54 REF OVPMT UTIL-14390 FLORA CT 257758 20141106 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 20.54 269924 11/12/2014 146901 ROBSON,DEBRA 13.99 REF OVPMT UTIL-14530 EUREKA CT 257759 20141106 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 13.99 259926 11/12/2014 121088 STEWART TITLE 90.00 REF OVPMT UTIL-12828 ESSEX WAY 257762 20141106 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 90.00 259926 11/12/2014 100524 SOUTHERN WINE&SPIRITS OF MN LLC 1,177.75 LIQ#1 00050756 257616 1209395 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 917.40 LIQ#1 00050756 257617 1211913 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 3,226.42 LIQ#1 00050756 257618 1211914 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 168.50 LIQ#1 00050756 257619 1214428 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 9,337.23 LIQ#1 00050756 257620 1216823 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 356.20 LIQ#1 00050756 257621 1217545 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 72.00 WINE#1 00050756 257622 1209392 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 920.00 WINE#1 00050756 257623 1209393 5015.6520 WINE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09:25 Council Check Register by GL Page- 4 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259926 11/12/2014 100524 SOUTHERN WINE&SPIRITS OF MN LLC Continued... 1,836.00 WINE#1 00050756 257624 1209394 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 96.00 WINE#1 00050756 257625 1211916 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,076.00 WINE#1 00050756 257626 1214429 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 864.00 WINE#1 00050756 257627 1214430 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 194.60 WINE#1 00050756 257628 1216824 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 640.00 WINE#1 00050756 257629 1219423 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,479.00 WINE#1 00050756 257630 1219425 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 810.00 WINE#1 00050756 257631 1219426 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 151.75- CMLIQ#1 00050756 257632 9042512 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 66.75- CMLIQ#1 00050756 257633 9043946 501 5.651 0 LIQUOR LIQUOR#1 STOCK PURCHASES 81.00 LIQ#2 00050756 257634 1209398 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 333.60 LIQ#2 00050756 257635 1211917 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 806.59 LIQ#2 00050756 257636 1211920 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 296.95 LIQ#2 00050756 257637 1216826 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 3,055.20 LIQ#2 00050756 257638 1216827 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,444.00 WINE#2 00050756 257639 1209396 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 58.50 WINE#2 00050756 257640 1209397 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 48.00 WINE#2 00050756 257641 1214431 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 192.00 WINE#2 00050756 257642 1216828 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 640.00 WINE#2 00050756 257643 1219427 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 534.00 WINE#2 00050756 257644 1219429 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 64.00- CMLIQ#2 00050756 257645 9042513 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 27.00- CMLIQ#2 00050756 257646 9043947 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 90.00 LIQ#3 00050756 257647 1207591 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 417.00 LIQ#3 00050756 257648 1209422 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 565.70 LIQ#3 00050756 257649 1209426 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,397.61 LIQ#3 00050756 257650 1211947 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 72.00 LIQ#3 00050756 257651 1214459 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3,865.52 LIQ#3 00050756 257652 1216852 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 103.50 LIQ#3 00050756 257653 1219463 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 918.00 WINE#3 00050756 257654 1209423 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 612.00 WINE#3 00050756 257655 1209424 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 796.00 WINE#3 00050756 257656 1209425 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 520.00 WINE#3 00050756 257657 1211948 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 318.00 WINE#3 00050756 257658 1214461 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 164.00 WINE#3 00050756 257659 1214462 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 320.00 WINE#3 00050756 257660 1216851 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 640.00 WINE#3 00050756 257661 1219461 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 136.00 WINE#3 00050756 257662 1219464 5085.6520 WINE LIQUOR#3 STOCK PURCHASES CITY OF APF, ALLEY ill" 413:09:25 R55CKR2 L0t3IS100 Council Check Register by GL Page- 5 Council Check Register and Summary 11/3/2014 — 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259926 11/12/2014 100624 SOUTHERN WINE&SPIRITS OF MN LLC Continued... 1,472.60 WINE#3 00050756 257663 1219465 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 786.00 WINE#3 00050756 257664 1219466 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 66.00- CMLIQ#3 00050756 257665 9042514 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 51.00- CMLIQ#3 00050756 257666 9043951 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 147.38- CMLIQ#3 00050756 257667 9045204 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 28.00- CMWINE#3 00050756 257668 9043498 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 44,252.99 269927 11/12/2014 138448 HARTFORD GROUP BENEFITS DIVISION 180.50 BASIC LIFE INSURANCE 257752 69150027 9000.2117 ACCRUED LIFE INSUR-BASIC PAYROLL CLEARING BAL SHEET 8,479.95 SUPP/DEP LIFE INSURANCE 257752 69150027 9000.2118 ACCRUED LIFE INSUR-SUPP/DEPEND PAYROLL CLEARING BAL SHEET 8,660.45 259928 11/12/2014 142866 HEALTHPARTNERS 1,172.16 CONSULT/ADM FEES 257751 52235397 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 1,172.16 259929 11/12/2014 119353 MADISON NATIONAL LIFE INS CO INC 234.00 STD FEES 257753 20141101 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 2,892.01 LTD INSURANCE 257753 20141101 9000.2113 ACCRUED LTD PAYROLL CLEARING BAL SHEET 3,126.01 269930 11/12/2014 142763 BENNETT,DAVID 106.40 ENG-MILEAGE OCT BENNETT 257546 20141031 1510.6277 MILEAGE/AUTO ALLOWANCE PW ENGINEERING&TECHNICAL 106.40 269931 11/12/2014 144003 BERNSTEIN,BARRY 151.20 REC-MILEAGE OCT BERNSTEIN 257670 20141030 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 151.20 259932 11/12/2014 146662 CHRISTIANSON,BRIAN 51.52 IA1-MILEAGE AVSA/R&R CHRISTIAN 257548 20141027 5205.6277 MILEAGE/AUTO ALLOWANCE ARENA 1 MANAGEMENT 51.52 259933 11/12/2014 100188 GACKSTETTER,PAMELA 145.04 CLERK-MILEAGE JUL-NOV GACKSTET 257669 20141106 1015.6277 MILEAGE/AUTO ALLOWANCE CITY CLERK/ELECTIONS 3.19 CLERK-ELECTION SUPPLIES 257669 20141106 1015.6229 GENERAL SUPPLIES CITY CLERK/ELECTIONS 148.23 269934 11/12/2014 142331 MANSON,COLIN R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09:25 Council Check Register by GL Page- 6 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259934 11/12/2014 142331 MANSON,COLIN Continued... 12.32 ENG-MILEAGE OCT MANSON 257549 20141030 1510.6277 MILEAGE/AUTO ALLOWANCE PW ENGINEERING&TECHNICAL 12.32 259935 11/12/2014 146201 MCCOLLUM,MICHAEL 9.73 IT-MILEAGE OCT MCCOLLUM 257671 20141031 1030.6277 MILEAGE/AUTO ALLOWANCE INFORMATION TECHNOLOGY 9.73 259936 11/12/2014 109091 PETERSON,JAY 97.44 IAt-MILEAGE OCT PETERSON 257550 20141021 5205.6277 MILEAGE/AUTO ALLOWANCE ARENA 1 MANAGEMENT 97.44 259937 11/12/2014 122539 SCHIERENBECK,STEVE 49.28 REC-MILEAGE OCT SCHIERENBECK 257672 20141019 1850.6277 MILEAGE/AUTO ALLOWANCE REC SOFTBALL 49.28 259938 11/12/2014 117062 WEISS,TODD R 45.92 REC-MILEAGE OCT WEISS 257551 20141031 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 45.92 259939 11/12/2014 144865 AMAZING ATHLETES OF SOUTHWEST METRO 385.00 REC-AMAZING TOTS/ATHLETES CLAS075432 257552 1377 1875.6249 OTHER CONTRACTUAL SERVICES REC PRESCHOOL PROGRAMS 385.00 259940 11/12/2014 123637 AMERICAN TRANSFER COMPANY 380.81 HAUL WASHED CHIPS FROM MARIEGM49088 257553 6741 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 380.81 259941 11/12/2014 100023 ANDERSEN INC,EARL F 525.00 CRIME WATCH SIGNS 00035421 257554 106451IN 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PRE\ 525.00 259942 11/12/2014 100039 APPLE VALLEY FORD 293.91 POL VEHICLE LEASE-NOV 257588 1215.6310 RENTAL EXPENSE POLICE DETECTIVE UNIT 66.14 PK LOCKSET-#245 00035168 257589 328416 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 170.97 PK LOCK CYL-#245 00035168 257590 328566 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 3,245.38 STR RPR EGR-#325 00035168 257591 AlCB34415 1630,6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 397.75 FIRE BRAKES-#4995 00035168 257592 327896 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 4,174.15 259943 11/12"-'4 101270 BROWNELLS INC R55CKR2 U-iS100 CITY OFAP� ALLEY 11/, 413:09:25 Council Check Register by GL Page- 7 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259943 11/12/2014 101270 BROWNELLS INC Continued... 399.43 POL-GUN CLEAN ER/LUBRICANT/BOUM75690 257680 1061495200 1255.6399 OTHER CHARGES POLICE GUN RANGE 399.43 259944 11/12/2014 100089 CARQUEST 282.63 POL-RACK&PINION,CORE CHARGH0035174 257714 1594226614 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 44.40 STR-MINIATURE LAMPS 00035174 257715 1594226794 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 34.83 STR-BULB 00035174 257716 1594227160 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 4.39 PK-REPLACEMENT 12V PLUG 00035338 257717 1594227842 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 502.71 INSP-STEERING GEAR BOX,CORE 00035174 257718 1594227515 1400.6215 EQUIPMENT-PARTS INSPECTIONS MANAGEMENT 53.00 STR-12&14 GA WIRE 00035174 257719 1594227965 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 67.08 UTIL-SWITCHES 00035174 257720 1594227986 5390.6215 EQUIPMENT-PARTS SWR EQUIPNEHICLE MISC MNTC/RP 81.14 POL-TOGGLE SWITCH,SWITCH 00035174 257721 1594227986 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 13.41- POL-RETURN TOGGLE SWITCH 00035174 257722 1594228021 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 13.42 PK-MISC PARTS 00035174 257723 1594228214 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 136.00- POL-RETURN 00035174 257724 1594228074 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 286.00- INSP-RETURN 00035174 257725 1594228074 1400.6215 EQUIPMENT-PARTS INSPECTIONS MANAGEMENT 648.19 259945 11/12/2014 119052 CUSTOM HOSE TECH INC 117.96 STR-MISC HYD FITTINGS 00049940 257555 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 117.96 259946 11/12/2014 100123 DAKOTA COUNTY FINANCIAL SERVICES 472,009.92 TRANSIT WAY ROW/CONSTRUCTION 257726 12414 3222.6710 2010108G CAPITAL OUTLAY-LAND TIF BONDS OF 1985,$560,000 726,025.92 TRANSIT WAY ROW/CONSTRUCTION 257726 12414 4702.6710 2010108G CAPITAL OUTLAY-LAND CEDAR AVENUE 1,198,035.84 259947 11/12/2014 100139 DAKOTA COUNTY LICENSE CENTER 42.75 STR TITLE/REG'15 KENWORTH-#3100051621 257710 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 4,712.56 STR SALES TAX-15 KENWORTH-#3100051621 257711 2007.6730 CAPITAL OUTLAY-TRANSPORTATION LGA/EQUIP CERTIFICATES 42.75 STR TITLE/REG'15 KENWORTH-#3100051621 257712 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 5,330.06 STR SALES TAX'15 KENWORTH43100051621 257713 2007.6730 CAPITAL OUTLAY-TRANSPORTATION LGA/EQUIP CERTIFICATES 10,128.12 259948 11/12/2014 100128 DAKOTA ELECTRIC ASSOCIATION 39.07 GALAXIE/FOUNDER LN SPRINKLER 257682 204429 1610.6255 UTILITIES-ELECTRIC STREET/BOULEVARD REPAIR&MNTC 2,498.17 GOLF CLUBHOUSE 257682 204429 5110.6255 UTILITIES-ELECTRIC GOLF CLUBHOUSE BUILDING 254.11 GOLF MAINTENANCE BLDG 257682 204429 5145.6255 UTILITIES-ELECTRIC GOLF SHOP BUILDING MAINTENANCE 31.82 QUARRY POINT WATER TOWER 257682 204429 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 30.20 VALLEYWOOD RESERVOIR 257682 204429 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09.25 Council Check Register by GL Page- 8 Council Check Register and Summary 11/3/2014 -- 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259948 11/12/2014 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 118.19 LIFT STN STRM SWR GALAXIE 257682 204429 5505.6255 UTILITIES-ELECTRIC STORM DRAIN UTILITY 894.16 STREET LIGHTS 257682 204429 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 160.70- 257682 204429 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 3,705.02 259949 11/12/2014 100868 DALCO 60.18 AVCC-RESTROOM CLEANER 00072487 257683 2810609 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 60.18 259950 11/12/2014 137533 DCA TITLE 82,850.00 FLOOD MITIGATION DEP 13974/76 257566 237 5552.6810 2012149D CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 82,850.00 259951 11/12/2014 146363 DESIGNING EARTH CONTRACTING,INC. 58,497.83 REGENT'S PT ST&UTIL IMPROV 257568 201314904 2027.6810 2013149R CONSTRUCTION IN PROGRESS ROAD ESCROW 805.79 REGENT'S PT ST&UTIL IMPROV 257568 201314904 4502.6810 2013149W CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 27,645.68 REGENT'S PT ST&UTIL IMPROV 257568 201314904 4502.6810 2013149D CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 161,081.83 REGENT'S PT ST&UTIL IMPROV 257568 201314904 4502.6810 2013149R CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 27,993.18 REGENT'S PT ST&UTIL IMPROV 257568 201314904 4502.6810 2013149W CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 1,140.00- REGENT'S PT ST&UTIL IMPROV 257568 201314904 5360.6810 2013149S CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 1,172.68- REGENT'S PT ST&UTIL IMPROV 257568 201314904 5360.6810 2013149W CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 16,976.10 REGENT'S PT ST&UTIL IMPROV 257568 201314904 5552.6810 2013149D CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 4,472.13 REGENT'S PT ST&UTIL IMPROV 257568 201314904 5552.6810 2013149D CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 295,159.86 259952 11/12/2014 100976 DICK'S LAKEVILLE SANITATION INC 72.66 LIQ1 NOV 257593 DT0000936411 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 79.12 LIQ2 NOV 257594 DT0000936412 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 48.68 LIQ3 NOV 257595 DT0000940324 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 156.90 CH NOV 257596 DT0000936418 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 83.48 FIRE STA 1 NOV 257597 DT0000936413 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 35.60 FIRE STA 2 NOV 257598 DT0000936414 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 35.95 FIRE STA 3 NOV 257599 DT0000936415 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 316.65 AVCC NOV 257600 DT000936416 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 158.32 IA2 NOV 257601 DT000936416 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAYES 27.24 HCSC NOV 257602 DT000936416 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER 62.37 REDWOOD NOV 257603 DT0000936419 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 238.50 TEEN CNTR NOV 257604 DT0000937818 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 505.66 CMF NOV 257605 DT0000936417 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 58.03 QP NOV 257606 DT0000940520` 1945.6240 CLEANING SERVICE/GARBAGE REMOVQUARRY POI' R55CKR2 Lt,-.6100 CITY OF APL iLLEY 11/, 113:09:25 Council Check Register by GL Page- 9 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259952 11/12/2014 100976 DICK'S LAKEVILLE SANITATION INC Continued... 58.02 VM PARK NOV 257607 DT0000939197 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 87.15 OLDCH NOV 257608 DT0000946482 2092.6240 CLEANING SERVICE/GARBAGE 14200 CEDAR AVE-OLD CITY HALL 252.04 GOLF NOV 257609 DT0000936421 5145.6240 CLEANING SERVICE/GARBAGE REMOVGOLF SHOP BUILDING MAINTENANCE 162.87 JCR PK NOV 257610 DT0000936420 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 100.00 UTIL-10 YD DUMPSTER 257674 DT0000953944 5375.6240 CLEANING SERVICE/GARBAGE REMOVSEWER MAINTENANCE AND REPAIR 2,539.24 259953 11/12/2014 100148 DPC INDUSTRIES INC 413.80 CHLORINE 00048450 257556 82700196214 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTC/RPR 413.80 259954 11/12/2014 135793 EMBROIDERY CENTRAL 760.46 IA1-SHIRTS/JACKETS,EMPLOYEES 257684 16992 5205.6281 UNIFORM/CLOTHING ALLOWANCE ARENA 1 MANAGEMENT 760.46 259955 11/12/2014 134308 FAIRCHILD EQUIPMENT 147.91 STR-LEFT TAIL LIGHT ASSY 257558 J10904 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 147.91 259956 11/1212014 120313 FASTENAL COMPANY 506.96 STR-WINTER/NITRATE GLOVES 257559 MNLAK108128 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 20.61 UTIL-STAINLESS BOLTS 00074766 257685 MNTC1167516 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 5.50 UTIL-STAINLESS NUTS 00074766 257686 MNTC1167518 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 533.07 259967 11/12/2014 142832 GENESIS EMPLOYEE BENEFITS INC 225.00 RMSA MONTHLY MINIMUM FEE 257560 26160 7205.6235 CONSULTANT SERVICES RISK MANAGEMENTS/INSURANCE 20.25 REBA CONSULTING FEE 257560 26160 7205.6235 CONSULTANT SERVICES RISK MANAGEMENTS/INSURANCE 310.00 HRA CLAIMS PROCESSING FEE 257560 26160 7205.6235 CONSULTANT SERVICES RISK MANAGEMENTS/INSURANCE 100.00 FSA MINIMUM MONTHLY FEE 257560 26160 7205.6235 CONSULTANT SERVICES RISK MANAGEMENTS/INSURANCE 655.25 259958 11/12/2014 101328 GOVCONNECTION INC 58.12 2GB PC3 12800 204 PIN DDR RAM 00049058 257561 51954670 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 58.12 259959 11/12/2014 112362 GREG LESSMAN SALES 16.40 GOLF GRIPS 257569 53399 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP 7.53 GOLF FREIGHT 257569 53399 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 23.93 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09:25 Council Check Register by GL Page- 10 Council Check Register and Summary 11/3/2014 -- 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259969 11/12/2014 112362 GREG LESSMAN SALES Continued... 259960 11/12/2014 146896 H-11 DIGITAL FORENSICS COMPANY LLC 3,850.00 CELLEBRITE TRAINING-KLOKONOS 257677 H11002554 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 3,850.00 259961 11/12/2014 100510 HD SUPPLY WATERWORKS LTD 4,633.97 UTIL-3/4S IPERL METER/COUPLER 00035250 257562 D173900 5310.6215 EQUIPMENT-PARTS WATER METER RPR/REPLACE/READNC 4,633.97 269962 11/12/2014 127078 HELENA CHEMICAL COMPANY 942.11 FERT/INSECTICIDE/FUNGICIDE 00050087 257563 134725920 5150.6214 CHEMICALS GOLF COURSE MAINTENANCE 60.60- 00050087 257563 134725920 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 881.51 259963 11/12/2014 102847 HOWLAND'S IKON 52.00 UTIL BASEBALL JACKET WAV LOG30045237 257564 140467 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 52.00 259964 11/12/2014 102931 JRK SEED&TURF SUPPLY INC 649.75 PK-50/50 ATHLETIC MIX SEED 00049835 257565 135044 1780.6229 GENERAL SUPPLIES PARK HIGH SCHOOL#4 FIELDS 649.75 259965 11/12/2014 100118 KEEPRS INC 910.00 POL-BODY ARMOR,CHRISTIANSON 257687 256492 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 910.00 269966 11/12/2014 103337 KLM ENGINEERING INC 1,500.00 T-MOBILE NORDIC BLDG PLAN RVW 257688 5431 5330.6235 20053011 CONSULTANT SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 1,500.00 T-MOBILE LONGRDG BLDG PLAN RVW 257689 5430 5330.6235 20053008 CONSULTANT SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 3,000.00 259967 11/12/2014 144985 KONICA MINOLTA BUSINESS SOLUTIONS 44.30 INSP COPIER MAINT-OCT 257572 231195588 1400.6265 REPAIRS-EQUIPMENT INSPECTIONS MANAGEMENT 47.36 INSP COPIER MAINT-SEPT 00051538 257583 1400.6265 REPAIRS-EQUIPMENT INSPECTIONS MANAGEMENT 91.66 259968 11/12/2014 132646 KWIK KOPY BUSINESS CENTER 505.91 INSP-CORRECTION NOTCIE BOOKS 257691 16529 1400.6239 PRINTING INSPECTIONS MANAGEMENT 635.76 2015 TRUTH IN TAXATION INSERTS 257692 16646 1035.6239 PRINTING FINANCE 1,141.67 R55CKR2 Luu1S100 CITYOFAPr ALLEY 11/. 413:09:25 Council Check Register by GL Page- 11 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259968 11/12/2014 132646 KWIK KOPY BUSINESS CENTER Continued... 259969 11112/2014 100281 LEAGUE OF MN CITIES 40.00 LMC REGIONAL MTG-GOODWIN 257573 204965 1005.6275 SCHOOLS/CONFERENCES/EXP LOCAL MAYOR/CITY COUNCIL 40.00 LMC REGIONAL MTG-HAMANN-ROLAND 257573 204965 1005.6275 SCHOOLS/CONFERENCES/EXP LOCAL MAYOR/CITY COUNCIL 40.00 LMC REGIONAL MTG-LAWELL 257573 204965 1010.6275 SCHOOLS/CONFERENCES/EXP LOCAL ADMINISTRATION 120.00 259970 11/12/2014 101200 LOFFLER COMPANIES INC 610.26 IT COPIER LEASE-DEV&2ND FL M 257574 264929597 1030.6310 RENTAL EXPENSE INFORMATION TECHNOLOGY 170.60 IT COPIER MAINT-2ND FL MAIN 257574 264929597 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 65.64 IT COPIER MAINT-DEV 257574 264929597 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 341.27 POL COPIER LEASE-2ND FL 257574 264929597 1200.6310 RENTAL EXPENSE POLICE MANAGEMENT 327.36 POL COPIER LEASE-1ST FL 257574 264929597 1200.6310 RENTAL EXPENSE POLICE MANAGEMENT 360.42 REC COPIER LEASE-AVCC 257574 264929597 1700.6310 RENTAL EXPENSE PARK&RECREATION MANAGEMENT 184.04 IT COPIER LEASE-MAIL ROOM 257574 264929597 1030.6310 RENTAL EXPENSE INFORMATION TECHNOLOGY 69.38 POL COPIER MAINT-1ST&2ND FL 257574 264929597 1200.6265 REPAIRS-EQUIPMENT POLICE MANAGEMENT 204.59 REC COPIER MAINT-AVCC 257574 264929597 1700.6265 REPAIRS-EQUIPMENT PARK&RECREATION MANAGEMENT 29.00 IT COPIER MAINT-MAIL ROOM 257574 264929597 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 360.44 PW COPIER LEASE 257574 264929597 1500.6310 RENTAL EXPENSE PW MANAGEMENT 102.53 PW COPIER MAINT 257574 264929597 1500.6265 REPAIRS-EQUIPMENT PW MANAGEMENT 2,825.53 259971 11/12/2014 100289 LOGIS 74.25 NTWRK SVCS-AV-PUBL WIFI FIREW 257693 39090 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 297.00 NTWRK SVCS-TRBLSHT PLANTZ LAPT 257693 39090 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 321.75 NTWRK SVCS-VMWARE/SAN DESIGN 257693 39090 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 693.00 259972 11/12/2014 138342 MANSFIELD OIL COMPANY 1,306.80 GOLF-DIESEL 00051106 257695 2845 5155.6212 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 1,306.80 259973 11/12/2014 130692 MARTIN MARIETTA MATERIALS 422.32 STR-WASHED GRANITE CHIPS 00048855 257696 48855 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 422.32 259974 11/12/2014 137595 MCFOA REGION IV 15.00 DATA PRACTICES SEMINAR-GACKSTE 257679 20141112 1015.6275 SCHOOLS/CONFERENCES/EXP LOCAL CITY CLERK/ELECTIONS 15.00 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09:25 Council Check Register by GL Page- 12 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 269976 11/12/2014 100311 METRO COUNCIL ENVIRONMENTAL SVCS Continued... 531,790.00 SAC COLLECTION OCTOBER 257585 20141031 5301.4922 SAC COLLECTIONS WATER&SEWER FUND REVENUE 5,317.90- RETAINED%OCTOBER 257585 20141031 5301.4999 MISC UTILITY REVENUE WATER&SEWER FUND REVENUE 526,472.10 269976 11/12/2014 100849 METRO VOLLEYBALL OFFICIALS ASSN 171.00 OFFICIAL FEE-VB PLAYOFF MATCH 00043278 257697 4600 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 171.00 OFFICIALS-WOMEN PWR VB LEAGLOD043278 257698 4601 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 342.00 269977 11/12/2014 121822 MN DEPT OF PUBLIC SAFETY 20.00 LI01-BUYERS CARD 2015 00069882 257578 6425 5025.6280 DUES&SUBSCRIPTIONS LIQUOR#1 OPERATIONS 20.00 LIQ2-BUYERS CARD 2015 00069882 257579 6415 5065.6280 DUES&SUBSCRIPTIONS LIQUOR#2 OPERATIONS 20.00 LIQ3-BUYERS CARD 2015 00069882 257580 25917 5095.6280 DUES&SUBSCRIPTIONS LIQUOR#3 OPERATIONS 20.00 GOLF-RETAILER BUYER CARD 201500074986 257581 23458 5105.6280 DUES&SUBSCRIPTIONS GOLF MANAGEMENT 80.00 269978 11/12/2014 100323 MN PIPE&EQUIPMENT 870.72 UTIL-A-1 WATER COVER 00035239 257577 326544 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 261.75 UTIL-1 1/4"CURBSTOP LID W/PLU 00035239 257577 326544 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP MNT 37.99 UTIL-2"VALVE CHECK 00035239 257577 326544 5310.6215 EQUIPMENT-PARTS WATER METER RPR/REPLACE/READNC 1,170.46 269979 11/12/2014 100340 MN TRUCKING ASSOCIATION 275.85 STR-VEHICLE INSPECTION RPT 257699 67752 1630.6239 PRINTING STREET EQUIPMENT MAINTENANCE 275.85 269980 11/12/2014 119714 MUSICAL SAFARI INC 30.00 FALL 2014 MUSICAL SAFARI 00075433 257700 20141031 1875.6249 OTHER CONTRACTUAL SERVICES REC PRESCHOOL PROGRAMS 30.00 269981 11/12/2014 123637 PALMER JOHNSON POWER SYSTEMS LLC 674.01 PK-CLUTCH ASSEMBLY 257701 5306723 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 674.01 269982 11/12/2014 119041 POSITIVE ID INC 221.15 ID CARDS FOR RETIRED OFFICERS 257702 13464 1200.6239 PRINTING POLICE MANAGEMENT 221.15 269983 11/12/2014 101127 S&S WORLDWIDE INC 449.00 REC-CONSTRUCTION PAPERS 257705 8348172 1845.6229 GENERAL SUPPLIES REC SELF SUP-'RT PROG GENERAL R55CKR2 L,__,3100 CITY OFAPi ALLEY 11/. 413:09:25 Council Check Register by GL Page- 13 Council Check Register and Summary 11/3/2014 -- 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259983 11/12/2014 101127 S&S WORLDWIDE INC Continued... 449.00 269984 11/12/2014 119514 SAVAGE,CITY OF 325.00 FIELD RENTAL 2014 SOOR KICKBAL 257704 20141112 1845.6399 OTHER CHARGES REC SELF SUPPORT PROG GENERAL 325.00 259985 11/12/2014 100437 SHERWIN WILLIAMS CO 54.49 CMF SAFETY YELLOW PAINT 257727 85130 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 570.68 PAINT FOR VALLEY MIDDLE RINK 00035354 257728 14728 1725.6229 GENERAL SUPPLIES PARK ICE RINK MAINTENANCE 625.17 259986 11/12/2014 100447 SOUTH RIVER HEATING&COOLING INC 1,864.00 GOLF-HEATER FOR MAINT SHOP 257729 1416685 5145.6266 REPAIRS-BUILDING GOLF SHOP BUILDING MAINTENANCE 1,864.00 259987 11/12/2014 146895 SOUTHVIEW ELECTRIC 24.42 AV048604-15838 HARWELLAVE REF 257678 AV048604 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 5.00 AV048604-15838 HARWELLAVE REF 257678 AV048604 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 29.42 259988 11/12/2014 101753 SYSCO MINNESOTA,INC 1,149.32 GOLF-KITCHEN FOOD 00027785 257587 410280971 5120.6420 GOLF-FOOD GOLF KITCHEN 64.64 GOLF-KITCHEN SUPPLIES 00027785 257587 410280971 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN .07 GOLF-USE TAX ADJ 00027785 257587 410280971 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .07- GOLF-USE TAX ADJ 00027785 257587 410280971 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 1,213.96 259989 11/12/2014 137686 TOWMASTER 96,074.00 STR DUMP BOX,PLOW,ETC-ON#3180051710 257675 363518 2007.6730 CAPITAL OUTLAY-TRANSPORTATION LGA/EQUIP CERTIFICATES 96,074.00 STR DUMP BOX,PLOW,ETC-ON#3100051710 257676 363613 2007.6730 CAPITAL OUTLAY-TRANSPORTATION LGA/EQUIP CERTIFICATES 192,148.00 259990 11/12/2014 101367 TRUGREEN PROCESSING CENTER 154.35 CH-WEED CONTROL/FERTILIZER 00048563 257730 26755206 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 154.35 259991 11/12/2014 101587 TWIN CITY WATER CLINIC INC 900.00 BACTERIA TEST REGENT'S PT MAIN 257731 5718 4502.6249 2013149G OTHER CONTRACTUAL SERVICES CONSTRUCTION PROJECTS 450.00 BACTERIA TEST QUARRY PT W ADDN 257732 5719 4502.6249 2014133G OTHER CONTRACTUAL SERVICES CONSTRUCTION PROJECTS 450.00 BACTERIA TEST HUNTER FORRESTA 257733 5706 4502.6249 2013158G OTHER CONTRACTUAL SERVICES CONSTRUCTION PROJECTS R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09:25 Council Check Register by GL Page- 14 Council Check Register and Summary 11/3/2014 - 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259991 11/12/2014 101587 TWIN CITY WATER CLINIC INC Continued... 1,800.00 259992 11/12/2014 120784 ULINE 77.11 POL-VELCRO 00075684 257734 62464700 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 407.67 POL-WHEEL CART/SAFETY GLASSEGO075689 257735 62744122 1255.6399 OTHER CHARGES POLICE GUN RANGE 484.78 259993 11/12/2014 100489 UNIFORMS UNLIMITED 1,166.40 POL-UNIFORM FOR KASEY DEJONKER 257736 222250 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 847.74 POL-UNIFORM FOR JOSH HUTCHINS 257737 222249 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 962.65 POL-MISC UNIFACCESSOR CHRISTI 257738 222257 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 25.99 POL-MAGAZINE HOLDER-CHRISTIANS 257739 223523 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 396.65 POL-UNIFORM FOR K DEJONKER 00073645 257740 222735 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 366.50 POL-UNIFORM ITEMS FOR HUTCHIMS073646 257741 222739 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 54.40 POL-UNIFORM ITEMS FOR M NELSON075901 257742 223388 1205.6281 UNIFORM/CLOTHING ALLOWANCE POLICE RECORDS UNIT 3,820.33 259994 11/12/2014 138025 UNIVERSITY OF MINNESOTA 295.00 CEAM CONF ANNUAL MEET-BENNETT 257584 20141112 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING&TECHNICAL 295.00 CEAM CONF ANNUAL MEET-BENNETT 257584 20141112 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 295.00- CEAM CONF ANNUAL MEET-BENNETT 257584 20141112 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING&TECHNICAL 295.00 CEAM CONF ANNUAL MEET-MANSON 257584 20141112 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING&TECHNICAL 295.00 CEAM CONF ANNUAL MEET-MANSON 257584 20141112 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 295.00- CEAM CONF ANNUAL MEET-MANSON 257584 20141112 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING&TECHNICAL 590.00 259995 11/12/2014 124726 US BANK 591.00 HR-ACCT SET UP/HSAADMIN FEE 257744 8987680 7205.6235 CONSULTANT SERVICES RISK MANAGEMENTS/INSURANCE 591.00 259996 11/12/2014 101123 USA BLUE BOOK 356.14 UTIL-MARKING PAINT/PRES GAUGE00074765 257743 487164 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 356.14 259997 11/12/2014 120890 VALLEY VIEW GLASS&SCREEN 89.10 REPL POLYCARBONATE WELL 7 DOOR 257745 20141027 7205.6399 OTHER CHARGES RISK MANAGEMENTS/INSURANCE 89.10 259998 11/12/2014 123387 VESSCO INC 295.00 PRE CHLORINATION CTRL TRBSHT 257746 61619 5325.6265 REPAIRS-EQUIPMENT WATER TREAT" 'T FCLTY MNTC/RPR R55CKR2 L, .6100 CITY OFAPw ALLEY 11/ 413:09:25 Council Check Register by GL Page- 15 Council Check Register and Summary 11/3/2014 -- 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 259998 11/12/2014 123387 VESSCO INC Continued... 295.00 20141112 11/10/2014 100667 MN DEPT OF REVENUE 23,170.15 PAYROLL STATE TAX 257514 141101G 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 23,170.15 20141113 11/10/2014 102664 ANCHOR BANK 55,679.31 FEDERAL TAXES PR 257515 141101B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 22,833.19 EMPLOYEE FICA 257515 1411016 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 22,833.19 CITY SHARE FICA 257515 141101B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 7,753.29 EMPLOYEE MEDICARE 257515 141101B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 7,753.29 CITY SHARE MEDICARE 257515 141101B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 116,852.27 20141116 11/3/2014 100873 HEALTHPARTNERS 2,752.32 DENTAL CLAIMS 10/23-10/29/14 257749 20141029 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 2,752.32 20141117 11/1012014 100873 HEALTHPARTNERS 2,553.05 DENTAL CLAIMS 10/230-11/05/14 257750 20141105 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 2,553.05 20141118 11/13/2014 130967 GENESIS EMPLOYEE BENEFITS INC 250.00 FLEX SPENDING MEDICAL 2014 257747 141102N 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 115.00 FLEX SPENDING DAYCARE-2014 257748 1411020 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 365.00 20141119 11/12/2014 100331 MN DEPT OF LABOR&INDUSTRY 7,853.43 PERMIT SURCHARGE OCTOBER 257754 20141031 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 157.07- LESS 2%RETENTIUON OCTOBER 257754 20141031 1001.4099 PERMIT-OTHER GENERAL FUND REVENUE 30.00- PERMIT SURCHG REFUNDED 257754 20141031 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 7,666.36 20141120 11/10/2014 100000 MN DEPT OF REVENUE 1,167.00 SALES/USE TAX-GENERAL FUND 257567 20141031 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1.00- SALES/USE TAX-CABLE TV RESV 257567 20141031 2010.2330 DUE TO OTHER GOVERNMENT CABLE TV RESERVE BALANCE SHEET 131.00- SALES/USE TAX-OLD CITY HALL 257567 20141031 2090.2330 DUE TO OTHER GOVERNMENT 14200 CEDAR AVE-OLD CITY HALL 2.00- SALES/USE TAX-EDA OPERATIONS 257567 20141031 3210.2330 DUE TO OTHER GOVERNMENT EDA OPERATION BALANCE SHEET 1.0o- SALES/USE TAX-CAP BLDG FUND 257567 20141031 4000.2330 DUE TO OTHER GOVERNMENT CAPITAL BUILDINGS FUND BALANCE 1.00- SALES/USE TAX-CABLE PEG 257567 20141031 4800.2330 DUE TO OTHER GOVERNMENT CABLE CAPITAL EQ-PEG BAL SHT R55CKR2 LOGIS100 CITY OF APPLE VALLEY 11/13/201413:09:25 Council Check Register by GL Page- 16 Council Check Register and Summary 11/3/2014 — 11/14/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20141120 11/10/2014 100000 MN DEPT OF REVENUE Continued... 33,535.00 SALES/USE TAX-LIQUOR#1 257567 20141031 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 12,824.00 SALES/USE TAX-LIQUOR#2 257567 20141031 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 22,853.00 SALES/USE TAX-LIQUOR#3 257567 20141031 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 5,998.00 SALES/USE TAX-GOLF 257567 20141031 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 4,564.00 SALES/USE TAX-ARENA 257567 20141031 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 2,976.00 SALES/USE TAX-WATER&SWR 257567 20141031 5300.2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 1.00- SALES/USE TAX-RISK MGMT 257567 20141031 7200.2330 DUE TO OTHER GOVERNMENT RISK MGMT/INSUR BALANCE SHEET 83,780.00 2,999,082.75 Grand Total Payment Instrument Totals Checks 2,745,315.32 EFT Payments 237,139.15 A/P ACH Payment 16,628.28 t(I Total Payments 2,999,082.75 CITY OF APF- nLLEY 11/. 1.13:09:32 R55CKS2 LuviS100 Council Check Summary Page- 1 11/3/2014 - 11/14/2014 Company Amount 01000 GENERAL FUND 53,721.30 02005 LGA/EQUIPMENT CERTIFICATE 202,190.62 02010 CABLE TV RESERVE FUND 1.00- 02025 ROAD ESCROW FUND 60,838.13 02090 14200 CEDAR AVE-OLD CITY HALL 43.85- 03205 CLOSED SA BOND ISSUES 56,757.54 03210 EDA OPERATIONS FUND 2.00- 03220 TIF BONDS OF 1985,$560,000 472,009.92 03285 REF GO BOND 2008,$2,415,000 6,174.28 03320 GO IMP BOND 2004,$4,325,000 12,647.58 03330 GO IMP BOND 2006,$5,785,000 250,019.07 04000 CAPITAL BUILDING FUND 1.00- 04500 CONSTRUCTION PROJECTS 219,326.48 04700 TIF DIST#13-CAPITAL PROJECTS 726,025,92 04800 CABLE CAPITAL EQUIP-PEG FUND 1.00- 05000 LIQUOR FUND 113,725.45 05100 GOLF FUND 14,807.03 05200 ARENA FUND 5,695.94 05300 WATER&SEWER FUND 540,130.00 05500 STORM DRAINAGE UTILITY FUND 118.19 05550 CONSTRUCTION PROJECTS 104,298.23 05800 STREET LIGHT UTIL FUND 894.16 07100 INSURANCE TRUST DENTAL FUND 6,477.53 07200 RISK MANAGEMENT/INSURANCE FUND 1,334.35 09000 PAYROLL CLEARING FUND 151,939.88 Report Totals 2,999,082:75